I need to find out if its worth filing a quiet title against my current mortgage service r or filed BK7 or both?

Asked over 1 year ago - Lyndhurst, NJ

My mortgage was taken out in 2005, never refinanced. It was apart of a mortgage backed security and was never transferred correctly with the county court house. I am under water on the home and have not paid the mortgage in some time now. i just received a notice of foreclosure and I have other water bill liens/homeowners association liens against the property. I did a short sale with my first home which become an investment property and 2nd lien holder is coming still trying to collect over 100k. I would like to filed chapter 7, but if investor was already paid backed with insurance wouldnt that make it unsecured debt? Can it be included in 7 or 13? I looked online an found the person that signed the notice of foreclosure to be a robosigner,looking for lawyer with experince to help

Additional information

Yes I qualify for BK 7, My big question is about quiet title, If I can keep my home or negotiated with the bank for a balance reduction, I may be able to avoid BK 7. I also did title searches and the bank failed to transfer title properly. I also have the notice of foreclosure paperwork and did a google search and it was top searches was a known robo signer. Someone that was paid to sign foreclosure paperwork wrongfully. I was looking for someone with experience with this type of situation for guidance on how to process, whether its chapter 7, 13 or make the bank prove ownership before doing either. I hope this explains my situation more.

Attorney answers (3)

  1. Bruce C Truesdale

    Pro

    Contributor Level 13

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    Lawyers agree

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    Answered . Your question is going to need a lot of clarification before a definitive answer is provided. However, if I am reading this correctly, you are trying to avoid a second mortgage on a former residence (probably being sued on the note?), walk away from your present home and discharge the other debts associated with home including associations fees (that we will need to talk about). All of these goals can likely be achieved in a Chapter 7 case, IF you qualify for Chapter 7 and there are no other issues that your short question fails to raise. You will need to consult with a seasoned bankruptcy attorney to make sure all of your issues are addressed and can be resolved in a manner you deem favorable.

    Bruce C. Truesdale

  2. Scott Benjamin Riddle

    Pro

    Contributor Level 20

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    Lawyer agrees

    Answered . Your post is confusing as you tried to pile on a lot of issues in a short post. There is no way makes heads or tails from your actual situation. Quiet title for what? How do you know what was or was not transferred correctly? Who was paid with what insurance? The term "robosigner" means little when it comes to YOUR documents, so how do you know your documents were not properly executed and recorded? If you are asking whether you can get your land for free even though you stopped paying long ago and are facing foreclosure, the answer is highly unlikely. You can see a real estate lawyer and pay to do title searches and review the documents but it appears you are in so much financial trouble you just need to see a Bankruptcy lawyer.

  3. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    Answered . More facts are needed. Do consult with an experience Bankruptcy Attorney for assistance.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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