Help-Wrong Legal Description Question

[sugdady74]

I have 2 properties, one is a Vacant lot and the other one my home sits on. The property with my home is suppose to have a mortgage not the vacant property. I got screwed by Lender and went to see about Bankruptcy to see my options. After we did Title searches my Lawyer discovered my Home had no lein & is free & clear, Lender put mortgage on vacant lot. So went with Chapter 13. And we went to court 2yrs ago and the Chapter 13 Trustee approved us to surrender the vacant lot & keep my home free & clear. So shortly after court I received a relief of stay with legal description of vacant lot & with my homes address. My lawyer sent them a letter and told hem change the address to match legal description so they withdrew the relief of stay. It's been over 2 yrs since that & I still got both properties & don't pay a mortgage. Then 2 weeks ago I got another Motion for Relief but this time they put both Legal Descriptions in there. My lawyer said we have to go to hearing. So I my question is, is there anyway they could get it reversed & take my home? Has this type of thing happend before? My lawyer says no can't take my home, but I thought I would see if anybody seen this kind of thing before? Thanks for helping!

[LadyInTheRed]

Wow, pretty cool! The title company screwed up when you took the loan and I think your lawyer is right that, as things currently stand, they can't take your home. They could sue to try to correct the error and have a lien recorded against the correct property. Whether they'd be succesful would likely depend on what is in the other documents related to the loan and what the statute of limitations is for this type of thing. My guess is that they will get a release of the stay with respect to the vacant lot, but will need to go through a lot more hassel to have any hope of getting one on the home. I have no experience in this, but I think it is pretty clear that they can't foreclose on your home when they haven't recorded a lien against it.

I really hope you'll keep us updated on what happens!

[sugdady74]

Thanks for reply. I am thinking the same thing, but it's a little scary. Just wanting to see if this has happend before & what the out come was. I will let everyone know how it turns out. Thanks again for replying.