Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Deed in my name, mortgage Co. lost paper work to file foreclosure

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  • Deed in my name, mortgage Co. lost paper work to file foreclosure

    Here's a challenge. After filing Chapter 7 in Nov. 07 & being dissolved of our mortgage, we've been curious why the "Bank" hasn't moved forward with claiming the deed (still in our names) & starting foreclosure proceedings. (lot's of paper received, nothings happened, requests for short sale, re finance etc) Well, it's been brought to my attention that (after some research by a interested investor party) that they believe the "Bank" CAN NOT find the paper work to do so. It took forever for our Trustee to release the property but did she? (Our attorney wrote letters to the "Bank" with no result) I went back to my paper work & found a notice we received from the court dated Jan. 27 2009. Could someone of read this document below & tell me if we still have all rights of ownership to the house? Here's the other dilemma, a week ago Aug. 24th the house went up for tax sale (it's been three years of unpaid taxes). I think this same "Bank" paid the tax bill??? If we do still technically own the house since our name is on the deed can we get a redemption and buy back the house for the taxes owed or have we just missed the boat?!!!!! Here's the document----Order allowing secured claim No 2 and determining right to distribution. --- This cause came for consideration ex part for the purpose of considering the entry of an appropriate order. The court considered the record and being otherwise fully advised in the premises, finds that the following claim has been filed as a secured claim, that the claimant failed to obtain a valuation of collateral pursuant to 11 USC Section 506 & that the Trustee has not liquidated the collateral: Claim No. 2 filed by "Bank" in amount of $$$$$$. The court further finds that the above listed claim is not entitled to distribution pursuant to 11 USC Section 726. Accordingly, it is ORDERED, ADJUDGED & DECREED that Claim no. 2 be, & the same is hereby allowed as a secured claim, but disallowed for the purposes of distribution under section 706 & it is further DONE & ORDERED in Chamber at Tampa, FL. THANK YOU TO ALL FOR RESPONDING TO OUR CRY. We don't have a lot of time to act on this!!!

  • #2
    The document put into English:

    The court. . . finds
    1. that the following claim has been filed as a secured claim,
    2. that the claimant failed to obtain a valuation of collateral pursuant to 11 USC Section 506
    3. that the Trustee has not liquidated the collateral
    4. that the claim is not entitled to distribution pursuant to 11 USC Section 726.
    5. that Claim no. 2 be allowed as a secured claim but disallowed for the purposes of distribution under section 706

    What does this mean. . . simple. A Trustee does not pay secured creditors unless he sells the collateral for the benefit of the unsecured creditors. If he sells the collateral he must first pay the secured creditor before he can pay anyone else.

    Bank filed a secured claim. The judge is making it perfectly clear that unless the Trustee sells the collateral (which he won't if there is no equity after payment of the lien and any allowed exemption) the bank is not getting any $$ from the Trustee. The bank must look to its collateral.


    • #3
      Call your country treasurer's office to inquire about the potential tax sale, outstanding property taxes, or lender paid taxes. You may also need to contact your city (if they handle taxes) to inquire about 2010 property taxes.
      *Filed: September 23, 2009 *341: November 4, 2009 *Discharged: January 4, 2010 *Closed: January 20, 2010

      Hakuna means NO WORRIES!


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