Michael D O'Brien's Answers

How many days does original homeowner have in home after foreclosure in Oregon?

The buyer of a home at foreclosure (typically the lender) has a right to possession ten days after the sale. If the homeowner is still in the home beyond ten days then they have to file an eviction action to obtain lawful possession. What you are describing was not proper under Oregon law.

3 people marked this answer as helpful

We are in the process of foreclosure and where we live has homeowners assn fees due this month are they included in the forec

Your obligation to pay homeowners fees continues so long as you actuall live in the property. If you file a bankruptcy and then promptly move out then you will not be responsible for post-bankruptcy fees. However, many people file bankruptcy and then continue to live in the property as long as possible before a foreclosure is complete. This is fine (I would argue is preferred) but you need to pay the homeowners dues or they absolutely will come after you after the bankruptcy is over. Good...

1 person marked this answer as helpful

Can I get back the payments I made on my mortgage after I filed bankruptcy?

The short answer is No. The lender will not be under any obligation to return to you payments that you voluntarily made while in bankruptcy. In effect you paid rent for the months that you were there although you at least will get the tax benefit of being able to deduct the mortgage interest. On the bright side you will not be liable to the mortgage lender for any deficiency balance owing after they foreclose the home. If you have always been current on the payments then you could...

1 person marked this answer as helpful

I live in oregon and i have had a childsupport order in effect i am in a chapter 13 and my ex is now asking for more

The short answer is yes, your ex can petition the state court to modify the terms of a child support order. However, in determining the appropriate amount of support the state court is going to look at not only the needs of the child but also the relative ability of the parents to meet those financial needs. Your chapter 13 is a key factor in determining whether you have the ability to meet pay any more money in support. I have seen fact patterns where the support can goes up and the plan...

1 person marked this answer as helpful

Can spouse use General Durable POA for Chapter7 bankructy?

First off I am sorry for your loss. The bankruptcy code does not allow a discharge order to be entered if the Debtor has died so I don't see that his attorney could have done anything different nor could you have appeared to complete the case armed with a Durable Power of Attorney (which allows you to do anything principal could do - unfortunately the principal could do nothing after his death.) Having said that if as you say these were his cards and bills and you did not incur the credit...

Who is liable for past-due property tax after REO?

The bank who foreclosed on the property will have to pay the property taxes and other clouds on title before they can sell it and provide clear title to the ultimate buyer. Depending on whether the loan was on your residence or an investment property, the Bank may or may not pursue a deficiency against you. If it was your principal residence that was foreclosed upon then the first mortgage lender cannot pursue you for any deficiency. In some limited circumstances, neither can a second...

I am filing a ch7 and I co-signed on an auto loan. The driver of the car was in a car accident what liability do I have?

You should document the efforts that you have made to locate all parties involved and then file your case. The Bankruptcy Code requires you to make a reasonable effort to identify and list all potential claimants. It sounds like you have made a reasonable inquiry to no avail. If you do get a response with some new information and your chapter 7 is still open then you can file amended schedules listing the new claimants and giving them notice of your case. Best of Luck!

I am currently 2.5 years in on a Chapter 13 Bankruptcy. I am still incurring allot of debt. I am able to pay my house mortgage

Chapter 13 is a difficult process that most people can't complete without the assistance of an attorney. If you have made it 2.5 years without one then you should be congratulated. If you are eligible for relief under chapter 7 then you should at least explore conversion as an option. By converting a case from 13 to 7 you are allowed to add any new debts that you incurred while in the 13. This may allow you to discharge the new debt and restore yoru monthly budget so that you can focus...

Can I put the house in my name only to keep my wife's creditors from putting a lien on it?

It is not hard to put the home in your name only - a quitclaim deed from your Wife to you would suffice. However, with creditors outstanding you run the risk of having this transaction avoided as a fraudulent transfer. The statue of limitations in Oregon is four years for a fraudulent transfer. In other words, if done within four years of the "quitclaim deed" any creditor of your Wife could bring a lawsuit to set aside that transfer and put the home back in both of your names. Once in both...

How do i dispute a judgement that was included in bankruptcy?

The first thing you should do is take it back to the attorney who helped you in the case and ask them to assist. If you owned real property and the judgment was attached by state law to the real property then you may have to re-open the case and file a Motion to Avoid the Judicial Lien. Your personal liability on the judgment would have been discharged in the bankruptcy case but the debt is still attached to the real property. The Motion to Avoid Judicial Lien cuts the string and removes the...