I just got a motion that was filed from some law firm about a house we don't own. It was a quit claim from some woman. Do I contact the firm directly since its their mistake?
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Hi ladyluck,
The simple answer is yeah, let them know.
Unless you are represented by an attorney, then they get to handle it.
Just to clarify, was this something actually filed in the BK court or something you got in the mail/delivered to your house?
Tom in ColoCh7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010 -
It was sent from the attorney to our address. There is a motion included, but no court stamp on it to show its been filed. There is nothing on any of the documents included to show our names or ss numbers in reference to this house.Comment
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you got this on a sunday???? wow....odd....Originally posted by ladyluck216 View Post
did you ever own that property??? is that deed in your name for some reason.....
don't sign anything and contact the atty that is sending you whatever it is they want you to sign. i would sign absolutely nothing and advise them immediately of the firms mistake.
does the paper work have your name?? if not, it could just be a simple address mix up...8/4/2008
MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9Comment
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Folks,
It is likely a Motion to Lift the Stay. Remember, even though OP quit claimed the property, OP is still responsible for the debt. Lender found out about the bk (OP should have listed lender but my guess is OP didn't) and now wants the stay lifted. No big deal if my assessment is correct.
Des.Comment
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des, i was under the impression, most likely incorrectly, that this OP never owned the property she was rec'ing the quit claim deed for???Originally posted by despritfreya View Post8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9Comment
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It is a motion to lift. Problem is, we have never bought a house or owned property. So I have no idea where this came from.Originally posted by despritfreya View PostComment
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Yeah I would get your attorney to investigate the situation.Comment
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We filed Pro Se, so no atty.Comment
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Hi ladyluck,
I agree about not signing anything, just contact the attorney and see what they say.
...maybe you owned property you didn't know about....check the county records where they say the property is located.
Stranger things have happened. Knew a guy back in NM, someone owed him money but gave him a piece of land instead. Was worthless land, in an arroyo bottom. Prop tax was pennies rolled into his other properties, he totally forgot about it. Fast forward and there is flood control, the arroyo is filled in, and he gets a call from Cheveron, they want to put in a gas station, paid 35K for the land.
Tom in ColoCh7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010Comment
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I'm waiting for a call back. The name on the "gift/quit claim" is for a Willie Johnson. My husband's name is Clarence. Nothing matches. I am really confused on how they can file with no proof.Comment
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Then the lender got it screwed up. I would file a "Limited Response":Originally posted by ladyluck216 View Post
"Debtor has no objection to the lifting of the stay against property located at _______ as the Debtor does not now nor has ever had an interest in said property. Further Debtor does not now and has never owed money to Movant as it relates to the property."
At least you now have it on record that you do not have an interest in the property. Further it will make the lender look like a fool.
Des.Comment
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Thank you, I'll do that.Comment
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