Foreclosure in 91730>Question Details

Cindy, Home Owner in California

rescind after foreclosure due to fraud on lender part in CA rescind auction sale due to fraud in CA

Asked by Cindy, California Thu Apr 21, 2011

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I have some excellent legal resources for you to better assist you with your questions. Their initial consultations are free and they will direct you as needed. So sorry to hear about your loss.

Diane Wheatley
0 votes Thank Flag Link Thu Apr 21, 2011
i filed a chapter 13 and made two post petition payments to the lender one for the month of May and one for the month of June my home alleged sold on April 12. the lender was given notice of my bankruptcy and did nothing about it but took my payment. Does taking two payment from me rescind the sale.
0 votes Thank Flag Link Mon Jun 10, 2013
Dear Alice,

Well your question is surely one for an attorney specializing in bankruptcy or real estate but because I am currently experiencing a similar situation I can offer you the little information that I know.

Typically you are not able to amend your chapter 13 bankruptcy once it has been confirmed but you need to bring this information to your trustee’s attention immediately as it falls under unusual circumstances. It is your responsibility to inform the bankruptcy trustee of any substantial changes in your financial situation, i.e., you now own a home.

The discovery of unadministered assets is a good enough reason for the court to reopen your case. Unadministered assets are items discovered or found after the bankruptcy case was closed that were not considered by the bankruptcy court. They must be assets that were unknown to you and the trustee when the case was closed.

Notify your attorney and trustee as quickly as possible regarding this unscheduled asset so that it can be administered appropriately.

Diane Wheatley, Broker
0 votes Thank Flag Link Sun Jul 15, 2012
I filed a wrongful foreclosure law suit after being wrongfully foreclosed. My attorney told me that the property was rescinded. She wanted me to sign a settlement in where I dismissed the case with prejudice and the bank will review me for a loan modification. I declined this offer and told her to dismiss the case without prejudice (this was one of her options actually). However she told me that if I chose this option the sale will take place in 20 days. I'm in BK 13. My questions are 1) can I amend the property back into my BK since it was rescinded? 2) Am I able to amend once my bk has been confirmed (not discharged yet), 3) Can the bank foreclose again while I'm still in BK? and 4) will the bank have to contact me (I'm still in the property)? Any other suggestions or advice will be greatly appreciated.
0 votes Thank Flag Link Sat Jul 14, 2012
What is the question?

Eli Givoni, Director
Short Sale Department, LLC
Serving all 50 states

MARS Disclosure for General Commercial Communications
Short Sale Department, LLC is not associated with the government, and our service is not approved by the government or your lender. Even if you accept this offer and use our service, your lender may not agree to change your loan. If you stop paying your mortgage, you could lose your home and damage your credit.
0 votes Thank Flag Link Thu Apr 21, 2011
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