I have a confusing situation. My ch 7 was discharged earlier this year. I gave up my house and there was a foreclosure sale that was scheduled to take place in October of 2006. That sale didn't take place because the mortgage was recorded wrong. So, to fix the mortgage, the mortgage company filed a quiet title suit against me. Basically it's just a legal filing to get the mortgage corrected. Well, to settle the quiet suit, we had an agreement with the mortgage company that corrected the mortgage, stated that I was out of the property, and granted a deed in lieu of foreclosure. The deed was recorded in July 2007. In August, another lawyer proceeded with a foreclosure on the property and held a sheriffs sale. I had called them and told them that they already owned the property and the deed was filed. That lawyer said ok and he'd take care of it. So, 3 weeks ago I get served an eviction notice for the property that I gave back in a deed in lieu!!! I go to court and the lawyer representing the mortgage company had no idea what was going on. He was just filling in. He called the main lawyers office and they told him to get a 2 week extension. Well, I've been following my case online and I noticed last week that there was no motion to dismiss the suit. I finally got a hold of the lawyer today and they say that they have to go through with the eviction because there is a 2nd lien on the house. She said she's just trying to protect her clients interests. I told her that her client already owned the house and that the house was just listed and sold!! No kidding! The house was listed with a realtor and an offer was accepted on Dec 13th. How the hell can you sell the house through a realtor when I'm supposedly still in it so you can evict me??? She tells me not to worry about it and I don't need to show up... yeah right. Then she tells me she's not my lawyer and that she doesn't have time to tell me the law. I thanked her, told her I'd call my own lawyer, and I'd see her tomorrow. She hung up on me.
So, my whole purpose of this is to not get another public judgment against me especially since I've been long gone from the house.
Anyone got some advice or comments?
So, my whole purpose of this is to not get another public judgment against me especially since I've been long gone from the house.
Anyone got some advice or comments?