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WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3729
Experience:  Experienced real estate lawyer and real estate broker.
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If I serve with notice of reconveyance to the trusty and the

Customer Question

If I serve with notice of reconveyance to the trusty and the trusty fails to responde, then I file and recorded the notice and reconveyance to my self as they fail to respond. can they later come forwar and file for a foreclosure.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. My name is***** am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

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Expert:  MIAMILAW1127 replied 1 year ago.

Did you have an open foreclosure case at the time that you filed the bankruptcy?

Customer: replied 1 year ago.
During a court case against Bank of America during that time I file for a Bk in Riverside County. I show on my Bk the allege amount of the loan as an unsecured amount. Bank of America fail to seek to lift the automatic stay and fail to reaffirm agreement in the proceeding. the bk was discharge with out contest by the bank. then in January 2014 i send a letter to the president of the trustee RECONTRUST to give him notice to reconvey the property as there was no reconveyance recorded. Then a few day latter I send the trustee a legal format requesting to do a full reconveyance, this notice I send by register mail and posted a notice in the local news paper. After the time allow plus five days as I did not received any responce when over to the Riverside Court and recorder the Full Reconveyance to my name.they are now attempting to foreclose and file a foreclose notice in the county. Can they do this as the reconveyance was filed and how can I stop them form moving forward. the title is clouded in this case and no investor will buy it, futhermore they could them self atempt to purchase the property. How would you defend the case.
Customer: replied 1 year ago.
They did not completed the foreclosure. They in 2014 file a new assignment to MERS and a new company enter in the picture trying to collect the loan that was wipe off by Bk proceedings. I serve them with a cease and desist notice. They steel continue to send me letter trying to get me back on the loan which I ignored. This company is not register with the State Department and operate out of the State of California. I send them just a few day ago copies of the reconveyance and a new Notice to validate the debt and a cease and desist.
Customer: replied 1 year ago.
I will call you ones I see this conversation building some value.
Expert:  MIAMILAW1127 replied 1 year ago.

I apologize for the phone call request. It's an automatic prompt that I do not send out, but the website does on its own. Please give me some time to type my response.

Expert:  MIAMILAW1127 replied 1 year ago.

Ok, so just to be clear, the bankruptcy was discharged (in other words dismissed). You did not complete the bankruptcy. Is that right?

Customer: replied 1 year ago.
Let me say that on my first notice to cease and desist I gave then notice that I would also seek against SLS at the time and place of said motion for contempt and injuctive reliefe the following compensation and punitive damages of $10,000 per month against them, until such time SLS takes steps to correct the situation. For this I will seek an attorney to file the claim in court as well,
Expert:  MIAMILAW1127 replied 1 year ago.

I understand. I need to know if you complete the bankruptcy or if it was discharged without it being completed.

Customer: replied 1 year ago.
The Bk was completed and discharge not dismiss.
Expert:  MIAMILAW1127 replied 1 year ago.

I am going to opt out to allow another expert to answer.

Expert:  WiseOwl58 replied 1 year ago.

I would suggest a phone discussion to resolve this. Happy to help out.