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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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T., BOA filed for foreclosed on April 9, 2009 in the Circuit

Customer Question

My name is***** BOA filed for foreclosed on April 9, 2009 in the Circuit Court of prince George's County Maryland against me. In, December, 2011, I filed for a Chapter 7, Bankruptcy that included the House on a Schedule D and for a reduction on 11 522f of the property. BOA asked the Court to lift the Stay so it could foreclose on me. The Court agreed and BOA did not follow though with the Foreclose. On April 10, 2012,my Bankruptcy for a chapter 7 was discharge. On June 26, 2012, BOA voluntarily requested the Court to dismiss foreclosure without prejudice and it was agreed to by ORDER on July 26, 2012. More than 4 years later BOA is filing an identical foreclosure, August 29, 2016; the only difference is accelerated payments. Question: is Bank of America barred by the Statue of Limitations of three (3) from refiling this foreclosure. Second, Question, can BOA accelerate the Mortgage payments.? Should the Mortgage stop after Foreclosure on April 9, 2009. Should the Mortgage payments automatic reverse to the original foreclosure amount when Bank of American voluntarily dismissed foreclosure without prejudice.
Second Problem: I did ask for a Modification and I did receive one. I did not sign the documents because I thought it was unfair. Bank of American accelerated the payments to $430,000 and appraised the House for $218,000. I believed that the new mortgage amount should have been the foreclosed amount, or agreed to what was in the bankruptcy or to the current market value, which was, $209,000.
Third Problem: BOA at the time of foreclosure and Bankruptcy had not filed a note or assignment of the deed of the trust into the Land Deeds of Records: BOA's property was unsecured.
Fourth Problem
At the time, the Court granted Boa request for a voluntarily dismissal without prejudice, the Court also closed the case statistically,(7/26/2012), the assignment of the deed of trust was not filed until 6/17/2013 into the Land Deeds of Records
Need urgent Help, have to think hard.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 11 months ago.

Hello. My name is***** am an attorney. I am here to help you with your question. We may discuss the issues too. Let me know that sounds good.

Expert:  Damien Bosco replied 11 months ago.

Hello. I have not heard back from you. Are you still looking for help on your question? If so, please let me know. Also, I will send a live phone call offer if you want to chat on the phone. Thank you.