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Posted over 13 years ago.

Many thanks for that - could my neighbor's lender foreclose on the property I occupy? This could be attractive to them since I'm not in Chapter 13, and legally speaking I'm a squatter. One last question - how long does the stay last if the Chapter 13 plan is never confirmed? The lender opposed the plan, as there was subletting income declared with no evidence, but then everything stopped and there has been no activity for a year.

In practice all I want is clear title to my own property, but I need to see if there is tail risk that I could end up with nothing if I go down the legal path to overcome the problem that my neighbor refuses to cooperate.

David Alexander Yomtov

David Alexander Yomtov Family Law Attorney

Posted about 13 years ago.

You could seek relief in a collateral action in bankruptcy court, seeking to clarify title. You will have to, essentially, make your case that the property you live in was the property that you purchased and the title was the subject of a clerical error.

You may also have a cause of action against the title company that caused this problem.

Melinda Dee Middlebrooks

Melinda Dee Middlebrooks Springfield Chapter 13 Bankruptcy Attorney

Posted about 13 years ago.

Attorney Yomtov makes very good points. To pursue such collateral action, you truly should have competent bankruptcy counsel from California (if that is where venue is proper).