Friday, August 10, 2012

Predatory lending, part 2

On Apr 23, 7:15 am, JoniA2 <strickfad...@comcast.net> wrote:
> March 26th, hubby  received full Chapter 7 discharge.  I, was
> notified, by the court  that he received his bankruptcy around the end
> of March.   I was relieved we could afford the first NOTE. I was NOT
> aware or NOTIFIED he surrendered our marital property.  April 9th, I
> learned his bankruptcy was contingent on filing for divorce plus
> signing a bachelor Condo lease.   He LIED and told the court we were
> separated, in February but in fact we were NOT separated or I new
> anything at all until after his chapter 7 discharge. He moved out
> April 9th and filed for DIVORCE, April12th.  I was not notified of the
> divorce and we can pay the first mortgage to keep our home

<snipped stuff about how the loan and deed got made>

Well, this changes my reply to your previous post a bit.   You do know that on a moderated newsgroup, it takes awhile to get a response, right?   But this new thread you posted has a lot more info than the cryptic first one you posted, that I responded to a short while ago this morning after reading it but before reading this one, although the moderator put this up on the board at the same time as your other thread on predatory lending foreclosure.

If you were in fact aware of and/or involved in all these various processes in any degree, the outcome will be very fact-specific and to get anything approaching a definitive answer, you really ought to consult a local real estate, family law, and bankruptcy lawyer (try to find one  person who can handle all 3 issues otherwise you will have a lot of wasted money and energy getting the same result with 3 lawyers).   I still don't know whether you have a case or not, but with around a million dollars at stake, WHY on earth are you wasting your time consulting random strangers on a Usenet newsgroup instead of dialing your lawyer, or finding one if you don't have one already?

> How do I get his bankruptcy "set aside" to save my home?

I'm not sure either is possible.   But waiting another minute before taking steps toward an appointment with a local lawyer to whom you can explain the entire situation and get real advice, would be extremely foolish.   Please do so, and I wish you good luck.   Regards,

--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
private communication.

Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685      (fax) 410-740-4300

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