Chapter 13 & disputed proof of secured home mortgage claim after state foreclosure judgement already entered but on appeal.

Asked over 3 years ago - New York, NY

In chapter 13, bank lender would file for lifting stay order & proof of claim.The foreclosing party BANK X can not legally prove that they hold the note presently.Note was improperly assigned to a TRUST (somewhere in the past but was never recorded in county clerks office) which does not exist in SEC registerations & filings but conducts business in all 50 states in civil & criminal violations of federal mortgage backed securities laws.Forelosure judgement is in favor of Bank X but mortgage note is owned by BANK B as indentured trustee for that trust which is not even registered with SEC.Even Bank B was taken over by BANK AMERICA 4 years ago & is no longer a bank.Pooling into trust itself is defective.Plantiff was never subsituted in NYS.How do I fight this illegal EMPIRE in
chapter 13

Attorney answers (2)

  1. Eric Edward Rothstein

    Contributor Level 20

    Answered . You need to retain a good bankruptcy attorney.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Eric Charles Lewis

    Contributor Level 18

    Answered . You should consult a local attorney who is familiar with Chapter 13 adversary litigation for guidance. A Proof of Claim to which a timely objection is not made will be treated as an allowable claim of the bankruptcy estate.

    Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal... more

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