I am 30 or so days past my 341 meeting. A friend at the courthouse told me that my mortgage company filed a suit against me. Apparently there was a mistake on my land description and they can't sell the house until it gets corrected. So, they are suing me to get a quieted title AND they are suing for damages and/or lawyer fees!! I haven't been served yet and I'm wondering if they are waiting for my BK to be discharged so they can proceed and get some $ from me. I asked my lawyer and he said it's pretty typical in a foreclosure. How can that be?? I'm sure it doesn't happen too often where a property is recorded wrong and the owner ends up filing bankruptcy. So, has anyone heard of a 'quieted title' suit before? Is this something that I can include in my BK? Not too late to do so right? Or, can I just contact the lawyer and agree to sign something stating that it was just a typo. I'm not paying damages for their error! Not really sure what to do here so some help would be greatly appreciated.
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Here are some weblinks that explain 'quiet' titles -
Just because you haven't been served doesn't mean your mortgage company isn't pursuing legal action right now. Ask your friend to see if there's a court date set for the suit, and if there is, be sure you and your lawyer show up for it.
I believe that something similar to this happened to one of our senior moderators, Minny. Minny, didn't you lose your house to foreclosure after you filed Ch 7 because of a title problem?Last edited by lrprn; 03-01-2007, 09:28 PM.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go -
lrprn,
Thanks for the links. They pretty much say what I found earlier too. I'm not concerned about losing the house, I'm giving that back in the BK. I just want to make sure that I don't get stuck with a judgment and some damages. In the suit it states that they want to initiate foreclosure but the house was supposedly sold at a sheriffs sale in Oct. Man, I'm confused and it doesn't seem as if my lawyer is helping at all. grrr....Comment
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lrprn,
I had my doublewide only seized by the trustess" - over unperfected title..... but there was never a foreclosure on the house or the land and I did not surrender any of it.....mortgage was never declared "in default"....
The trustee and mortgage company put the two together and sold them at auction - no foreclosure on home or land.......
I was refused right to redeem.......
Bought my home back from owners at auction.....Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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