Ch.7/AP/Continuing Drama

[faroff]

So filed for CH.7 9/2010. My attorney in all honestly,not laying false blame, just got in over his head and
screwed up. The Trustee had him for lunch!! Claimed we did not list all the foreclosures I had yadda yadda,
filed an AP on us..............we settled not to have our discharge in order to have the AP dropped.

There is one property in particular still haunting us.... OR is it possibly a gift. Let me explain.

This property was foreclosed on....... I got the paperwork, there were possessions still in the house and a "recovery"
company came in and took everything. I thought I well I was screwed and chalk it up with the rest. Prior to filing I found
out that this property was Quit claimed deeded back to me!!! I told my attorney and all to no avail....no mention. The
Trustee obviously pounced on it, hence in my opinion the AP,but who knows.

I've moved on over the last nearly two years but this house keeps popping up. My worthless attorney made a point of
telling me that the Trustee made some kind of state wide attorneys periodical and there was an article on how he (the Trustee)
stripped the liens of this house and was able to sell it. This was 4-6 months ago and I'm just moving on......BUT I get a call
in June from my attorney telling me Wells Fargo wanted a deposition from me regarding this same house! Why??? Course the dumb
a$$ atty.is clueless! Now I have a notice that there will be a hearing on July 18th regarding "Motion to Sell Free and Clear Of Liens-
...said property....on behalf of Trustee's name.'

So now what?? I'm tired of being screwed. My "attorney" is worthless! I have not heard any more on this deposition from Wells.
Should I insist on this deposition so I can tell them exactly what happened?? If I go to the hearing,what could I do?? Do I just
ignore this and continue to move on??

[justbroke]

I guess that's up to you. If they want a deposition, have them take it at your convenience and have them come to you (if possible). I would not go out of my way.

Tough choice, yes. Personally, I would not care and I'd let the Trustee and Wells squabble over the property. The only way I would care is if it personally affected me. Just too strange.

[faroff]

I guess that's up to you. If they want a deposition, have them take it at your convenience and have them come to you (if possible). I would not go out of my way.

Tough choice, yes. Personally, I would not care and I'd let the Trustee and Wells squabble over the property. The only way I would care is if it personally affected me. Just too strange.

Justbroke---- I agree with you. However, what I'm confused about is my worthless atty. claims this article where this particular
Trustee is so amazing he had all the liens stripped..BUT then this. Why is there any deposition in the first place IF these liens were
stripped??!? Why is Wells Fargo involved?? My wife is under the assumption we need to even see another attorney and see if we
can actually fight for this property. After all it"s still listed on the County tax records as me as the owner.

I don't know what I'm looking to gain from this, but damn if there was a way I could stick it to the trustee I would love it!!!

[despritfreya]

I am a bit confused and your post is not making a lot of sense (which, if I recall correctly, is not typical of your past posts). I am going to try to rephrase it with some commentary:

Your Trustee has filed a Motion to Sell the property "free and clear of all liens and encumbrances". This is a standard Motion under Section 363 of the bk Code. Normally, any valid liens will attach to the sale proceeds and be paid at close of escrow. With me so far?

It sounds like the Trustee's Motion is also attempting to void the mortgage lien(s) on the property (such as that of Wells Fargo). WF is pissed off about this and thinks you did something to invalidate its lien (not sure if that is even possible). As a result WF wanted to take your deposition but has not really attempted to pursue that avenue.

Am I close???

If I am and WF has not set a deposition for you don’t worry about it. If a deposition has been set you need to sit down with either your current attny or someone more experienced in these type of matters to discuss what you did or did not do to the property. I will assume that there was nothing "bad" going on but I am going to recommend that you do not post any further details of the transactions on this (or any) forum. The reality is that if you did nothing "wrong" WF can take your deposition but nothing will come of it. If its lien is not "valid" the Trustee will get the Court to void any interest WF might have had and WF will have to eat its loss.

As to the Trustee’s Motion, I doubt there is a need for you to attend the hearing. The Trustee is only doing what is required of him if he wishes to sell the real estate. He needed to file the Motion and the Court needs to hold a hearing before it can approve the sale.

Des.

[justbroke]

Yes, it is certainly strange and for some reason, I thought this was many months ago (like almost 2 years ago). Strange, strange, strange.