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On my last answered question from Can an unsigned NOTE and

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DOT (clouded) be avoided in...
on my last answered question from Can an unsigned NOTE and DOT (clouded) be avoided in a chapter 13 or 7 and stop the bank from pursuing forclosure
Submitted: 1 year ago.Category: Legal
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Answered in 38 minutes by:
4/23/2016
Lawyer: Irwin Law, Attorney replied 1 year ago
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,474
Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I am not sure what you mean by an unsigned note and deed of trust. Do you mean that you never took out a loan & loan documents? Please provide more details about your situation. Thanks.
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Customer reply replied 1 year ago
MY WIFE OF 28 YRS REFINANCED THE HOME IN 2009, HOWEVER, AS A SPOUSE IN TX, I NEVER SIGNATURED THE "DEED OF TRUST" NOR DID I EVER "SIGNATURE THE NOTE", YOU SAID, IN TEXAS THIS POSSIBLY COULD BE A CLOUD ISSUE IN TITLE. MY QUESTION IS, IF THERE IS A CLOUD IS IT POSSIBLE THAT IT CAN POSSIBLY be avoided in a chapter 13 or 7 and stop the bank from pursuing forclosure MY HOUSE NOTE IS TO FAR BEHIND RIGHT NOW.
Lawyer: Irwin Law, Attorney replied 1 year ago
The short answer to your question is that bankruptcy, being a federal court, does not get involved with matters that involve real estate rights. Those are state court matters. If you feel that the promissory note and deed of trust are invalid due to the lack of your signature, that defense must be raised in the State court foreclosure proceeding, not in bankruptcy court.
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Irwin Law
Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7,474
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Experience: Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.

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