BANK vs Homeowner in loan Modification process a Wrongful Fraudclosure turned for the worst. Is there more than one appellate court for the UD-eviction appeal does the defendant-Homeowner file the appeal State or Federal ? Furthermore, a filed appeal that goes through the major review at appellate court of the mistakes and flaws outlined in the appeal is it merely Drafting and filing or do the parties and or attorneys show and meet in open court ? Also what might be the higher probability an Appeal for the non-Judicial foreclosure sale and/or file Quiet title ? God Bless and thank you for any and all attorneys taking out time to read/respond. Much Love Avvo highly recommend your site to friends and family we Love your Website
You should consult with a Foreclosure Defense Attorney. In the course of my bankruptcy practice, I've met some very good foreclosure defense firms and I'm happy to refer you to one.
The automatic stay is not a basis for dismissal of the Unlawful Detainer (UD) case if it was filed before you filed your bankruptcy case, however depending on the circumstances, it may be the basis for vacating the UD Judgment if the UD Judge proceeded with the case after you filed your bankruptcy.
A foreclosure defense attorney may be able to file the appropriate unlimited civil action, or appeal, and stop the bank altogether with a restraining order or injunction. If an unlimited civil case is filed , the limited UD Court should adhere to orders sent down to it from the higher Unlimited Jurisdiction Civil Court.
Depending on your circumstances, you may need to file and complete a Chapter 7 Bankruptcy case to avoid 1099c Miscellaneous Income Federal IRS Tax Liability, and liability for other debts you've incurred.
Just because the bankruptcy is filed before the hearing does not mean that it must be dismissed, but the court action is stayed by the bankruptcy. The case may continue once the stay has been lifted. It is appropriate to provide notice to the Court and to the opposing attorney of the bankruptcy filing in order to prevent an inadvertent miscarriage of the legal system. Hope this perspective helps!
1. No it is not grounds for dismissal, the trial will be stayed until Plaintiff is granted relief from the stay.
2. The appeal of a state case would be filed in state court, not federal
3. An appeal is different from a trial, the parties file appellate briefs and oral arguments are heard before a panel of judges
4. This question is unclear
By posting on this site or answering/responding to questions does not create an attorney-client relationship and is intended to be an opinion only. My opinion is not intended to be a guarantee or promise of any outcome or result in your matter.
The State court trial hearing is automatically stayed upon filing of bankruptcy by reason of automatic stay. State court appeal is filed in the State Court. If you believe there is an issue of wrong ful foreclosure, you will have to file a cross complaint in the State Court for wrongful foreclosure and request for setting aside of foreclosure sale. If said issue was not brought before the U.D. court by way of filing and removing it before the Superior court, what will it do in the appeal. its important, you speak to an experienced attorney in real estate matters. Bankruptcy stay will not take it very far.
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