Help, do we another lawyer

[wdwmaw]

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 assests on 6/29/2009 and the assests was 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 had our meeting with Judge and again we affirmed we intended to keep mortgage. We received discharge on 10/26/2009 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. The Trustee found on that mortgage that my name was not on the mortgage during a refinanace .The trustee is claiming that I own 1/2 the mortgage free and clear due to paperwork being misdone on their part, thus invalid. 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.

I really hope someone can help with some sort of advise.

[tobee43]

this is actually not an AP as yet. it sounds as though your atty and the trustee deems your case and asset 7??

[wdwmaw]

When she filed to sell my half our lawyer was blindsided. He swore he sent all the paperwork in just that Trustee never received our reaffirmation papers. Our house is not worth what we owe on it with the market drop. He has since day one known we wanted to keep our house and has expressed that to us during this process. Without the paperwork flaw on the mortgage company that we knew nothing about we would not have equity at all. Just feel so lost with failure in paperwork being found, mortgage company with invalid mortgage, my husband has had cancer and tons of medical problems and the stress is just killing him, and just on and on. What can we do to stick up for ourselves and say WE WANT TO KEEP OUR HOUSE.

Sorry I am on the wrong forum, where should I ask this?

[tobee43]

it's a good thing your atty did not reaffirm your mortage. and it's ok...you may not exactly be in the correct forum, however, people will help just the same..

check out this thread created by one of the best of the forum...http://www.bkforum.com/showthread.ph...-very-bad-idea.

it may possibly clear up some of your questions.

[wdwmaw]

Tobee43~ I just posted this on Ch 7 board and I did find mistakes on my submission. We were discharged as a no asset case and have no assets. And your right she is deeming it as an asset case based on the fact of false paper work on the part of the mortgage company. The only reason she went looking for assets is the fact that she never received our re affirmation paperwork. We have a copy, the banks have the copy we copied for them and sent, but a copy never made it from our lawyer to her. She did recieve the 2nd mortgage re affirmation paperwork.

I don't understand how this could be OK, because she didn't get our re affrimation paperwork we may loose our house, were will we go??

Thanks for all your help and for just listening.

[tobee43]

Tobee43~ I just posted this on Ch 7 board and I did find mistakes on my submission. We were discharged as a no asset case and have no assets. And your right she is deeming it as an asset case based on the fact of false paper work on the part of the mortgage company. The only reason she went looking for assets is the fact that she never received our re affirmation paperwork. We have a copy, the banks have the copy we copied for them and sent, but a copy never made it from our lawyer to her. She did recieve the 2nd mortgage re affirmation paperwork.

I don't understand how this could be OK, because she didn't get our re affrimation paperwork we may loose our house, were will we go??

Thanks for all your help and for just listening.

you most welcome.

i would call most certainly contact your atty. what is sounds like, from what you're saying is your bk was discharged , but no closed and the trustee found assets to deal with. that could mean.. the trustee may find there may be some equity in the house? if so, they could force a sale.

you're atty, really should have explained this all to you...so first thing monday, i would contact them...and keep posting...

hopefully, someone may chime in and have a different view or suggestion.

[despritfreya]

We filed Ch 7 with assests on 6/29/2009 and the assests was we wanted to keep our house. We intended to (reaffirm the) mortgage. We received discharge. . . Our lawyer or whomever did not turn in our signed copy of reaffirmation of our main mortgage. . . The Trustee found on that mortgage that my name was not on the mortgage during a refinanace .The trustee is claiming that I own ½ the mortgage free and clear due to paperwork being misdone on their part, thus invalid. . . She is pushing the court to force me to sell my ½ the mortgage to pay off things. The mortgage company involved has the trustee in court and they keep loosing. 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. 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.

Based upon the above, before I can put my 2 cents in I have a few questions:

1. You keep saying “we” but are indicating that the Trustee wants to sell your ½ interest in the home. Did you file jointly with your husband?

2. What do you mean by “the trustee is claiming I own ½ the mortgage free and clear? Can you find a document (letter) or pleading and quote what she said?

3. You indicated that the Trustee has the mortgage company in court. You then state that the issues are being appealed up the Ky court system. Is the litigation in the bk court or is it in the state court?

4. If she is suing the mortgage company in bk court do you have a copy of the actual Complaint? If so, does it state something like “Complaint to Determine Validity and Extent of Lien”?

Once I have a bit more info I may be able to shed some light on this.

Des.

[wdwmaw]

I sent you a PM with some of the quotes.
We did file jointly and we own the house jointly ( or we thought)
I PM some of the legal stuff on this issue.
The appeals in in the Sixth Circuit Court of Appeals, it has moved through the Eastern Ky BK courts

10/26/09 order of discharge
11/13/09 Adversary complaint filled by trustee and it looks like she went back and forth with mortgage company till we were notified of what was going on with and intent to sell 6/09/10. The mortgage company has been appealing ever since. We had no idea we were in an AP process till June of last year when we recieved our intent to sell notice. I have been digging around and reading everything I can trying to figure this out.