I saw your ad online and have a quick question to see if I should pursue any further action;
I filed for bankruptcy in 2009 and it was discharged in Nov. of 2010. We surrendered the Home in the bankruptcy. We have rebuilt our credit and are trying to move forward. We took the additional step last spring of quick claiming the deed back to the bank. The house was just sitting there for almost three years with the bank taking no action. We were hoping this was the end and the bank would not need to foreclose, because they now own the title.
Well, to my surprise I got a “Motion for summary final Judgment of Foreclosure” yesterday.
How do I stop the foreclosure from proceeding, I do not want my credit set back two years!!!!!!!!!!!!
It depends on all the details. A quitclaim is a waste of time without the mortgage company's consent, which you obviously didn't have. What is the identity of your mortgage company ?
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
4 lawyers agree
Real Estate Attorney
You cannot unilaterally quit claim the property to the bank. If the loan was listed in your bankruptcy , then you will not have a monetary obligation to the bank. Contact the bank's attorney and if there are no junior lien holders they may accept a deed in lieu of foreclosure
Construction / Development Lawyer
If the home mortgage was included in the bankruptcy then the foreclosure notice maybe a mere formality due to the fact the you probably remain on the title. However as was previously the quick claim only works if the bank agrees to it. However if there are other liens on the property, the bank may need to foreclose to quiet title.
You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.
Divorce / Separation Lawyer
I would contest the Summary Judgment. Get the home listed for a short sale. The debt is discharged, but you still should short sale to avoid the foreclosure. A deed-in-lieu is possible, but too time consuming at this stage.
Our firm handles these issues all over Florida. Give me a call.
Brian Arrighi, Esq.
Boss Arrighi, P.L.
1 lawyer agrees