Re:: 18 collins ct...A question from the previous owner. I filed bankrupttcy in 2005 and the mortgage on

Asked by April Becker, Jacksonville, AR Mon Jan 19, 2009

this house was dismissed even though i decidd not to innclude it the previous day with my attorney. My credit reports all show this loan being dismissed with no new loan taken out. I decided to send my payments anyway, so that I would not lose my home, until March 2008, My house went into foreclosure with the loss of my job, THE MORTGAGE COMPANY BOUGHT MY HOME AT AUCTION FOR THE AMOUNT I OWED O PRINCIPAL, WHICH IS ABOUT 425k or more short of fair market value. I turned the property over and vacated August 15th, and the property is still vacant and untouched.Since I sent payments to pay for a loan that no longer existed voluntarily with no legal instruction to do so, and they aaccepted these payments, (a) am I owed money for those payments or (b) is the home still mine? Other options?

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Steven Black…, Agent, Little Rock, AR
Mon Jan 19, 2009
That would depend on a number of details and timelines. I recommend you return to the attorney who assisted you with your bankruptcy, or an attorney who specializes in real estate. It makes it interesting that your payments were accepted, but it is also relevant that you were "dismissed" rather than "discharged" from you bankruptcy, whether the house was set aside, etc. Every detail is important but it would be rather unlikely that the auction would have taken place without the proper procedures. Seek out a good attorney if you are interested in pursuing the matter. As realtors, we cannot provide legal advise. Good luck to you.
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