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

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

Posted

What is the question? You need legal help here. If you owe someone money, the lien will remain until it is paid.

Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.

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Posted

You have a very specific issue that even many expert bankruptcy attorneys will not handle. Your best bet is to contact an attorney who has litigated the issue of standing of a mortgage trust in the bankruptcy court. To find an appropriate attorney in your area go to :

http://www.maxbankruptcybootcamp.com/find-graduates

Because of the complexities of this issue, I do not recommend that you attempt to litigate this on your own.

A number of the attorneys listed here have extensive experience in this matter.

Good luck.

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