Bankruptcy Law/Chap 7

Advertisement


Question
I am in California.  I had my investment property  debt discharged in Chap 7  eleven months ago.  I indicated 'Surrender' in my statement of intention for the property. However, its been eleven months since the discharge and the bank still hasn't taken the property that they know well has already been bankrupted. Also, eleven months of mortgage payments, property taxes and insurance have been coming to my mailbox. When I call the bank, I can never get a straight answer or I am given someone who gives me a contradictory answer.  It seems as if nobody knows.

Is it the banks responsibility to assume the mortgage payments billings and taxes/ insurance as well? I am anxious that the bank remove my name from title records.

Answer
Hello Will:
Given the present internal chaos that the mortgage industry finds itself in, their failure to follow through is not surprising.   The more pertinent question, i.e., what can you do with a bank whose representatives have not taken any action, can be handled in a number of different ways.   However, I would think that the quickest way you can get to the crux of he matter is to go back to the bankruptcy court.    This would be the least expensive and quickest way to handle this and it would be a relatively straightforward to compel them to get off their collective corporate butts.   

This would be much easier to talk about on the telephone, and if you call me I can look up your case and see it on the screen so that you will know exactly what you are dealing with.   I will not charge you just to talk on the phone, and for what I have in mind, if I did the paperwork for you, I would charge you $150.     Even though your bankruptcy case has already been closed, you will not have to pay a filing fee so that would be the extent of your cost to get this before the judge so he or she can order them to clear this up.   Not only that, but it is very possible, perhaps even likely, that they will voluntarily do this on their own once they see that you mean business.    You can call me any time on my direct line at 915  261-3893      I look forward to hearing from you if you decide to call me.


Jack Hall, J.D.
jhfx@live.com
915  261-3893

Bankruptcy Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Bankruptcy Services

Expertise

Can answer questions about bankruptcy, lawsuits or judgments that have been filed against you. Also can answer questions about tax issues, property that is facing foreclosure, repossession of vehicles, and wage garnishments. 915 261-3893

Experience

Over 30 years experience assisting consumers with lawsuits and bankruptcy matters since graduating from law school.

Publications
Numerous published appellate court opinions; Law review publications; Article on consumer bankruptcy in Black Enterprise magazine; was requested to author a book on consumer bankruptcy by Doubleday Publishers

Education/Credentials
Over twenty years of education including law degree (J.D.); masters and bachelors degrees in political science; author of magazine articles related to consumer bankruptcy; hundreds of hours of continuing education legal education and seminars

Past/Present Clients
Have had well over a thousand bankruptcy clients during the past 30 years and have had many clients in civil lawsuits during the same time period

©2016 About.com. All rights reserved.