This is a nightmare!

[Treese3]

Our bankruptcy case that was closed on April 3rd, 2002. In it we had our home mortgage that we surrendered. We are in the process of buying a new home. During this process we were made aware that there was a lien by GMAC under my name, not my husbands. At the time the Mortgage consultant that we were working with for our new loan consultant (whom works for GMAC) told us that it wouldn't be a problem that we could get the loan under my husbands name. Now it is a week and a half before closing and this is all becoming a big problem and might be a deal breaker. Today my husband talked to the Court house and found out that the Lien is for the home we filed on. It is for the differnce in what we owed and what they sold it at and for lawyer fees. It was filed after our bankruptcy closed. How can this be? We were never notified of this and were blown away that they could after the fact file a lien against us for this? We are about to loose our home we had dreamed about for these 8 years and the money we have put out for earnest money and inspections. We have rented and cleared up our credit and then to find our this...grrrrr.

[Treese3]

Oh no, I think I posted this in the wrong part.

[HHM]

Hold, on, your story does not make any sense and it is probably due to misuse of terms. You cannot have a lien on property that you do not own. Once the property is foreclosed, there is no property on which to lien.

What they may be talking about is a deficiency judgment, but if that is based on the house you surrendered, then it is discharged in BK.

Sounds like this mortgage person you are dealing with is in idiot.

[Treese3]

Sorry to confuse you, I am so upset I probably really stated it wrong. When my husband called the court house they said the lein was for the difference of what we filed on and what the new owners paid plus lawyers fees. We don't have the lien papers yet but I am pretty sure they were filed after our closing. The orginal loan was an FHA loan through GMAC and so is our new loan. I wonder if we would of had this problem with another company? I am freaking hoping this wont stop the deal. Our closing is suppose to be on May 9th. We were even told that the mortgage consultant had gotten our commitment for the loan yesterday. He kept telling us that the lien would not be a problem and since it was in my name we would get the loan in my husband name. I want this off my name and want my name on the loan too. How could they put a lein just agaist me when the orignal loan was under both our names?

[JRScott]

You might need to contact your old lawyer who handled your bankruptcy. The lien would be a violation of the law if filed after the bankruptcy was filed, and in any event should have been vacated by the bankruptcy even if filed beforehand.

[FreshLikeADaisy]

Treese, it may also help you to dig up a copy of your 2002 bk, complete with creditor matrix and discharge order, and send it to the mortgage guy. I agree with HHM, he sounds like he isn't familiar with the effect a successfully discharged Chapter 7 has on a default judgement. If there is indeed a lien, your discharge should be enough to get it taken care of... but I too don't understand how it could be filed on a property you no longer owned. Best wishes with your new house!!! I hope it all works out for you.

[CindyLou]

Sound like the judgement was file in error to me. Just seem like the BK paperwork would clear it up and being that you are using GMAC again, they could straigten it out for you.

[HHM]

Treese, don't give up.

Solving the problem will probably be easy (if the facts are as you state, your discharge should ultimately clear it up)...it is figuring out exactly what the problem is and who you have to contact to fix it that seems to be the challenging issue.

I think the mortgage agent is making this more confusing that it really needs to be.

1. If the property was surrendered and foreclosed as a result of the 1st Bk, there is NO lien because there is nothing to lien.

2. What he is probably talking about is some sort of deficiency judgment (which acts as a personal lien, assuming it is court ordered judgment). The deficiency judgment, if it is a court judgment, acts as a de facto lien against ALL assets of the defendant.

If we are talking about a judgment, all you need to do is find out in what court the judgment was issued, and file a Motion to Vacate the judgment and attach your BK discharge and creditor matrix.

[Treese3]

Thanks Everyone for responding. Do you have any idea how long it takes for a motion to Vacate to be resolved?

[persephone]

Thanks Everyone for responding. Do you have any idea how long it takes for a motion to Vacate to be resolved?

We filed a motion to vacate on April 18th and we got notification that it was vacated on 4/30. This is a small county court though.

[Treese3]

My husband got copies of the paper work for the lien. The plantiff is GMAC and listed as the defendants are my husband and I and also another mortgage company??? That really confused me.
Stupid us can not locate our original BK paper work, we only have the closing and discharge paper. We have overnighted to Chicago to get our paper work and hopefully it will be Fed Ex'd to us early next week. The lawyer we used 8 years ago has a voice mail that is full and will not answer my emails.
In the mean time the mortgage company wants us to keep filling out the loan paper work and working on it all????
I pretty much feel we will not be able to close on the 9th, there is no way we will have this resolved by then. Hopefully we will not loose this home. It is just not fair, we have tried so hard and have gotten our credit in excellent shape, now this.

[persephone]

My husband got copies of the paper work for the lien. The plantiff is GMAC and listed as the defendants are my husband and I and also another mortgage company??? That really confused me.
Stupid us can not locate our original BK paper work, we only have the closing and discharge paper. We have overnighted to Chicago to get our paper work and hopefully it will be Fed Ex'd to us early next week. The lawyer we used 8 years ago has a voice mail that is full and will not answer my emails.
In the mean time the mortgage company wants us to keep filling out the loan paper work and working on it all????
I pretty much feel we will not be able to close on the 9th, there is no way we will have this resolved by then. Hopefully we will not loose this home. It is just not fair, we have tried so hard and have gotten our credit in excellent shape, now this.

Have you tried PACER? My mom filed 10 years ago and her complete petition is downloadable.

[Treese3]

What is PACER???

[persephone]

What is PACER???

http://pacer.psc.uscourts.gov/

The PACER Service Center is the Federal Judiciary's centralized registration, billing, and technical support center for electronic access to U.S. District, Bankruptcy, and Appellate court records.

[Treese3]

Oh wow, I wish I would of known about this before we sent over nighted for this info, downloading it would of been so much easier. As it is they are charging us $70.00 plus $25.00 to have it Fed Ex'd back. We already spend $19.80 to overnight to them. Thanks so much for telling me about it though, it makes me mad at myself I didn't think to ask this earlier today. Did it cost your mom about $70.00 to do it through PACER??? I went on the web sight but couldn't tell how much it would cost.