ch 7 questions about standing and who holds the note

[reesemay]

I have already had a foreclosure sale and am still in the house. I am in the bk middle district of florida.
The house sold early part of june and I filed a ch 7 within the 10 day right of redemtion, as it stands title can not be issued until stay is lifted.
My question is, when I asked for verification of the debt, during the foreclosure process, the answer I got back was, the creditor was someone other than the name that was sueing me. The civil court judge allowed the note and mortgage to be reinstaed by affidavit...which from what I understand is hearsay...Will the bankruptcy courts question this??? How likely is it that this can be dismissed? Or should I request the judgement be dismissed? How do I go about this to do it right? I have no interest in reaffirming the debt...I am in florida and jobs here are very scarce....

[reesemay]

any help??

[reesemay]

bk title question

Is any one still monotoring these threads???
Seems like there are a lot of people viewing but not
a lot of answers to recent questions

[HHM]

Too late, the judgment has already been issued; you would actually need affirmative evidence that the person lacked standing, not just an accusation.

Also, an affidavit is not hearsay.

[reesemay]

if by affirmative evidence would that mean....a letter from the original lender stating that the creditor is somone other than the original lender???

[HHM]

If the original lender assigned its rights to this other party, that is perfectly valid. So a mere letter that the current collector is not the original lender may not be enough.

[reesemay]

i am confused by your answer.....I have been sued by bank "a" the original lender....I requested a verification of the debt.....and the response I recieved was....plaintiff is the creditor bank "B" ***not the original lender****
the judgement has already been entered against me.....I have filed ch 7
will this wipe out the judgement??? Am I correct that a judgement is for money??? does that give them the right to take the house if it has been reduced to a judgement and I filed ch 7????
what will happen to the house I am still in???

I have already rec's an answer from the bk court... no asset case...
how do I keep the bank from getting the title???

[newbie2]

i am confused by your answer.....I have been sued by bank "a" the original lender....I requested a verification of the debt.....and the response I recieved was....plaintiff is the creditor bank "B" ***not the original lender****
the judgement has already been entered against me.....I have filed ch 7
will this wipe out the judgement??? Am I correct that a judgement is for money??? does that give them the right to take the house if it has been reduced to a judgement and I filed ch 7????
what will happen to the house I am still in???

I have already rec's an answer from the bk court... no asset case...
how do I keep the bank from getting the title???

It's hard to understand whether the judgment came about because of a foreclosure or an unsecured debt.

If it's for an unsecured debt then the judgment can be voided upon your bk discharge. If the judgment came about because of a foreclosure then you'll have to look to your states foreclosure laws for guidance.

[keepmine]

i am confused by your answer.....I have been sued by bank "a" the original lender....I requested a verification of the debt.....and the response I recieved was....plaintiff is the creditor bank "B" ***not the original lender****
the judgement has already been entered against me.....I have filed ch 7
will this wipe out the judgement??? Am I correct that a judgement is for money??? does that give them the right to take the house if it has been reduced to a judgement and I filed ch 7????
what will happen to the house I am still in???

I have already rec's an answer from the bk court... no asset case...
how do I keep the bank from getting the title???

The inderlying debt that created this judgment will be discharged in your bk. You and your lawyer will need to go back to the court that issued the judgment post bk and get it vacated.
Once your lender files for relief from stay and it's granted they may proceed with the foreclosure process as allowed by state law. At some point, you'll be evicted.
Honestly, why fight this battle? You can't make your mortgage payment. You've filed for bk and this debt will be discharged.
If, the orginal lender or there successors failed to properly perfect the lein then, the bk trustee will take the house.
Get your bk discharged and go on with life. Forget about trying to keep the bank from taking possession of something you can't afford.

[Wrightshawn]

Reesemay: a "no asset" case is one in which the Bankruptcy Trustee will not liquidate any assets. Someone could actually have a lot of assets that they retain and still have a "no asset" case.

As for your other concern about the foreclosure sale and the verification of title, you need to speak with a Florida-based attorney. I know that here in Pennsylvania, the mortgage creditor would pursue an eviction case against you once they had the foreclosure sale. So, under PA law, I couldn't imagine a scenario in which you could question the title after the sale. Check with a Florida attorney though.

[reesemay]

I dont understand why the trustee would take the house...it is upside down 100k....judgement is for 250000....other outstanding debt is only 4k..no credit cards... only house (judgement 250k) and car (no judgement upside down sold at auction 4k less than balance)

according to what I have read the trustee holds everything I own in a trust...
the catch 22 is...I am unemployed and have 0 income right now...so to be able to move I would have to sell everything I own to get out..but since the trustee holds everything in a trust from what I understand I cant sell anything...so I dont know what to do...
My family has already done everything they can to help and can not do any more..I already get food stamps and the utility co has violated the bk stay by shutting off utilites.forcing me to pay money I dont have

That is another question I have how to tell if the lien is properly perfected?? this is a big question...

[reesemay]

"""If the original lender assigned its rights to this other party, that is perfectly valid. So a mere letter that the current collector is not the original lender may not be enough.""""


There is no assignment recorded anywhere that I can find...

[HHM]

I guess I really don't understand what you are asking...

Basically, you filed chapter 7, were behind on your mortgage payments, you have no income now....you ARE GOING TO LOSE THE HOUSE, sorry.

There really is no legal maneuvering that is going to stop that from happening.

[justbroke]

I don't understand what's going on either. Without income, it's almost impossible to keep anything that requires payments to be paid. Yes, even if you discharged the underlying mortgage on a home, you still have to make payments or be subject to the lender pursuing foreclosure.

[keepmine]

the catch 22 is...I am unemployed and have 0 income right now...so to be able to move I would have to sell everything I own to get out..but since the trustee holds everything in a trust from what I understand I cant sell anything...so I dont know what to do...
My family has already done everything they can to help and can not do any more..I already get food stamps and the utility co has violated the bk stay by shutting off utilites.forcing me to pay money I dont have

You big problem isn't who holds the note. Filing bk has really done you little good if you can't support yourself going forward.
Focus on finding a job-any sort of job and get some cash rolling in.
What sort of things are you talking about selling? If it's just household items then, sell away. Nobody cares about used consumer products.