Trustees sold the property to investment company (she filed quick claim D ,and my name no longer on the tiles October-2011) . Today some one show up at my apartment and he said I'm process I m here to serve you the paper foreclosure, I told him the property was included BK 7 and my name is not on tiles any more some one else I told him I will not sign or take the document (foreclosure) and he said by law he need to server me this paper foreclosure I need to speak with my attorney . I need help with legal adviser please should I hire attorney , I don't know what to do? ( or this mortgage company violated the law? Should I hire attorney to sue them ? ) please help thank you very much!!! I keep telling him I'm not on the tiles and I'm not even live there since 2008. Please help!!
The same answer applies as before. See the previous replies to your question
There is no reason to blow this up and start looking for lawyers and people to sue. You asked and got responses, when you posted the same question before. The added details of what happened outside your apartment door are not relevant, Lenders often have the give notice to everyone they think has an interest in the property and they err on the side of caution and name everyone associated with the title. You can take the paperwork to a foreclosure lawyer, who can tell you what is happening, and why, how it could affect you and what you can do. You will likely need to pay for a couple hours of time.
The facts you stated were consistent with my belief that what probably happened when you posted the question before. As long as the mortgage holder is not seeking a deficiency judgment against you, then there is no violation of the discharge order.
Lenders have a duty to foreclose on a parcel properly to insure that good title can pass to the next owner.
If you feel like the lender is attempting to obtain a deficiency judgment, then you should contact you prior attorney, if you had one. If you did not, then you should contact an experienced bankruptcy attorney to see if there is some action by the lender which gives you a right to reopen your bankruptcy case and file an adversary proceeding. However, there probably is nothing going on here other than a foreclosure and the lender is probably required to give you the notice you received.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
You really shouldn't have anything to worry about if everything you are saying is accurate. Since you were the one who took out the mortgage, you are a necessary defendant in the foreclosure. If you discharged the debt in your bankruptcy, the bank cannot come after you for the deficiency. You should schedule an appointment with a local attorney and have them review your bankruptcy paperwork along with the foreclosure papers you were served with in order to be sure.
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