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Tuesday, July 22, 2014

Is Bankruptcy the Place for Testing Foreclosures?

Good Question.

We recommend you call a bankruptcy attorney right away, ESPECIALLY if you are faced with eviction shortly, AND if you may have a good civil case besides.........not all cases are lawsuit material, but some definitely are.


If your house can actually be saved and you qualify for bankruptcy protection, it might work.

If you have an unlawful detainer, a pending kick out, a sale date in 3 days--maybe you don't have a choice.

If you don't qualify for bankruptcy protection, do you have another basis for stopping a sale?

Are you a victim of dual tracking?

Have you been offered cash for keys?

Have multiples entities claim they all own your property with a series of convoluted paperwork that no one can understand?

Do you still have a job?  Was Chase Bk, Bank of America, Wells Fargo, or Countrywide involved in your loan?

Did you lease out your house to another person?  Did the foreclosing entity ignore the Tenants at Foreclosure rules?  http://www.occ.gov/publications/publications-by-type/comptrollers-handbook/ptfa.pdf
Dodd-Frank Extends the Expiration Date
The Tenant Protection Act was originally set to expire or “sunset” on December 31, 2012; Dodd-Frank changes that, and the Tenants Protection Act will now sunset on December 31, 2014

Read more: http://www.city-data.com/forum/renting/1301072-protecting-tenants-foreclosure-act-2009-extended.html#ixzz38M0sAHiu


Some of the most difficult scenarios do not actually involve loan modifications, but seem to be centering around who, what, when and where+ HOW---- the financial entities are claiming you have no rights, but how would you know any of your rights to begin with, unless you first knew what they were?

Have you ever heard of a full tender being submitted to the servicer/bank, completely ignored, and
they (alleged bank) then sold the house, kept it for awhile, then claimed they gave it away via "quitclaim" to another entity?
Was anyone notified of the sale?  Did a bank actually buy the property?  Cases like this are very egregious and we have seen even worse.  Banks claim they have some equitable title when they do not, then they slam the pro se person with receivership which was a complete sham.

Or there could be the filing cabinet trick, when five different transfers are all made at varying times, some to purported "custodians", some to other entities with similar names, some with the deed, others only with the note, and a mishmash of inbetween.  Then the attorney for one entity says his client was NOT the Beneficiary but the Trustee's Deed Upon Sale says his client WAS the Beneficiary?  Huh?!!  What is the point of having a system to regulate the titles/transfers of real property-- if no one is going to adhere to the process?  Can I just transfer a property to anyone and not record anything, then have Joe Bob come along and he says he owns the house, but not the note, or he owns the note but not the house, but in any event, he wants to kick you out of it because it's his?

Unfortunately, foreclosures have become something very different than they used to be. We are now in the jungle where anything can happen.






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