I have a client that was told they would be able to keep their home that was in foreclosure if they filed bankruptcy and that the bank could not

Shortsalewom...
Agent
Indianapolis, IN

take it back then, everything I have been taught says this is not so true. I have found some bankruptcy attorneys to not only know very little when it comes to real estate but they have advised my clients wrongly in that bankruptcy is the only answer, yet they are not giving out the whole story to the clients. Please enlighten me...Thank you.

Answers (4)
Minna Reid
Agent
Tolland, CT

The bank can't take any action until either the bk is discharged (3-6 months) or unless they petition the judge to pull the house out of the bk so they can go ahead and foreclosure. BK is a band aid for foreclosure - it'll slow it down, but it can't stop it forever.
The client will be discharged from the note, however the bank can and will come for the collateral eventually.

Tue Nov 3 2009, 06:42
Ken Fisher
Broker
46037

You should contact a real estate attorney not a bankruptcy attorney for your information. ( You should not use a tire store to replace the engine on your vehicle). There are two kinds of states, judicial and non-judicial. In one, you must file bankruptcy in order to contest a foreclosure but not in the other. As I understand it, when you contest, you demand that the actual note and mortgage be presented as evidence of the claim. In many cases, the notes have been securitized and no longer reside with the mortgage. The mortgage holder cannot sue with the note and the note holder cannot sue without the mortgage. Always seeks a qualified attorney for specific details.

Tue Nov 3 2009, 04:07
James Gordon PBD...
Agent
Butler County, OH

A bankruptcy attorney does not make any money unless they have clients. A new attorney needs clients badly. Remember you can not offer legal advise. You may not know the whole picture and bankruptcy may be the way to go for these people. Your client may have heard what they wanted to when the bankruptcy attorney told them that a bankruptcy stops the forcloseure action. They may not have heard or the attorney did not say that the lender can file with the bankruptcy court and get the forcloseure moving again.

Web Reference: http://www.Find1Home.com
Tue Nov 3 2009, 03:33
Jim Walker
Agent
Roseville, CA
FIRST ANSWER

An attorney fresh out of law school is an Attorney . An agent with twenty years experience is just a saleswoman.
Knowledge and experience must bow down to the mighty diploma.

Tue Nov 3 2009, 00:14

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