I posted this on another forum and hope to get some more info here.
First I want to thank this forum for so much information. We are in a spot that we can't find answers for. We filed Ch 7 with no assests on 6/29/2009 and we wanted to keep our house. We continued to make payments as scheduled. Both mortgages we spoke to noted our request to reaffirm and seemed to not have a problem.We signed all the documents to re affirm our 1st and 2nd mortgage. We had our meeting with Judge and again we affirmed we intended to keep mortgage . We received discharge on 10/26/2009 as a no assect case and waited on closing. Now comes our problems, our lawyer or whomever did not turn in our signed copy of reaffirmation of our main mortgage. We have a copy but no one else seemed to get a copy. When we call the mortgage companies they assure us we affirmed with them. The Trustee found that mortgage that my name was not on the mortgage during a refinanace .On the first mortgage the trustee is claiming that I own 1/2 the mortgage free and clear due to paperwork being misdone on their part, thus the mortgage document is invalid when it comes to my name. When you look at the documents both of us signed but the fine print puts the mortgage only on my husband ( technical stuff I guess).She is pushing the court to force me to sell my 1/2 the mortgage to pay off things. The mortgage company involved has the trustee in court and they keep loosing. On 6/10/11 Trustee vs Mortgage, the mortgage again appealed the decision. They just keep moving up the Ky court system. The mortgage company is sueing her to not sell based on she mailed formal papers to their wrong corporate address, thus not giving them ample notification. We do check PACER often and really can't understand the documents related toward all the preceedings.
My question is do we need a BK litigation lawyer? Our lawyer seems to just say let it play out and worst case we will loose our house and best case we will get to keep it. He has never heard of this and can't find anything like it. Welcome to our world, we are about to our end. We are being told that if she wins and the mortgage has no other appeal then we wil have 30 days before our house is auctioned off. He also can't tell us where our reaffrimation paperwork is nor why she never received a copy of them, thus the reason she went looking for equity. We have a small house and owe less than $130,000 on it and we gave $89,000 for it 15 years ago.
I really hope someone can help with some sort of advise.
First I want to thank this forum for so much information. We are in a spot that we can't find answers for. We filed Ch 7 with no assests on 6/29/2009 and we wanted to keep our house. We continued to make payments as scheduled. Both mortgages we spoke to noted our request to reaffirm and seemed to not have a problem.We signed all the documents to re affirm our 1st and 2nd mortgage. We had our meeting with Judge and again we affirmed we intended to keep mortgage . We received discharge on 10/26/2009 as a no assect case and waited on closing. Now comes our problems, our lawyer or whomever did not turn in our signed copy of reaffirmation of our main mortgage. We have a copy but no one else seemed to get a copy. When we call the mortgage companies they assure us we affirmed with them. The Trustee found that mortgage that my name was not on the mortgage during a refinanace .On the first mortgage the trustee is claiming that I own 1/2 the mortgage free and clear due to paperwork being misdone on their part, thus the mortgage document is invalid when it comes to my name. When you look at the documents both of us signed but the fine print puts the mortgage only on my husband ( technical stuff I guess).She is pushing the court to force me to sell my 1/2 the mortgage to pay off things. The mortgage company involved has the trustee in court and they keep loosing. On 6/10/11 Trustee vs Mortgage, the mortgage again appealed the decision. They just keep moving up the Ky court system. The mortgage company is sueing her to not sell based on she mailed formal papers to their wrong corporate address, thus not giving them ample notification. We do check PACER often and really can't understand the documents related toward all the preceedings.
My question is do we need a BK litigation lawyer? Our lawyer seems to just say let it play out and worst case we will loose our house and best case we will get to keep it. He has never heard of this and can't find anything like it. Welcome to our world, we are about to our end. We are being told that if she wins and the mortgage has no other appeal then we wil have 30 days before our house is auctioned off. He also can't tell us where our reaffrimation paperwork is nor why she never received a copy of them, thus the reason she went looking for equity. We have a small house and owe less than $130,000 on it and we gave $89,000 for it 15 years ago.
I really hope someone can help with some sort of advise.
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