QUESTION

I filed Bankruptcy to stop foreclosure the bank was still able to foreclose what legal actions can I take?

Asked on Oct 19th, 2012 on Bankruptcy - Florida
More details to this question:
I just received a letter in the mail from a new attorney for the original case I looked it up and this is how I found out that my home was foreclosed on. I filed bankruptcy in 2008 to stop foreclosure the of my home thinking I could work out a loan mod. I paid and tried for two years they raised my payment so high I could no longer pay so I pushed the house through the bankruptcy. So I am thinking now that I can short sale the home to avoid a foreclosure on my credit. They foreclosure went through back in 2008. My question is can the foreclosure be overturned in court? Is that an illegal foreclosure? What recourse do I have?
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7 ANSWERS

William C. Gosnell
Hire a lawyer today. Perhaps the foreclosure was illegal.
Answered on Oct 23rd, 2012 at 4:06 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You will need to see an attorney about this.
Answered on Oct 19th, 2012 at 11:31 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Once a foreclosure is completed, bankruptcy won't help you unless the foreclosure was illegal by taking place after the bankruptcy was filed and without bankruptcy court permission. Since it appears that four years have elapsed since this foreclosure has taken place (as you say the foreclosure went through back in 2008), it may be far too late for you to do anything. You cannot short sale a property that is no longer yours and you haven't provided enough details to show me one way or another whether this foreclosure was illegal or not. In any event, what damages did you sustain? If the property had equity, you might have sued back in 2008. Why bring this issue up 4 years down the road?
Answered on Oct 19th, 2012 at 11:31 PM

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Bankruptcy Attorney serving Myrtle Beach, SC at Law Office of Margaret L. Evans, PC
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- not sure based on the lack on information you've presented; what does "pushed the house through the bankruptcy" mean? Did you surrender it on the DEBTORS STATEMENT OF INTENTION? If so, they can't or shouldn't assess a deficiency. However, if the sale occurred BEFORE the date of filing of your petition, then there was nothing that you could do to protect the house any longer. *
Answered on Oct 19th, 2012 at 11:30 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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This is far too complicated to answer in this forum. Seek the advice of a good real estate and bankruptcy attorney in the state where your property was located. My best to you.
Answered on Oct 19th, 2012 at 11:30 PM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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If the bankruptcy was filed before the date of the foreclosure sale you could conceivably try to have the sale set aside as void due to the bankruptcy stay. However, it is now 4 years later and someone else is probably living in the house. You will undoubtedly spend more on attorney fees doing all this than you would ever recover for any damage to your credit if that is what you think your damages are.
Answered on Oct 19th, 2012 at 11:28 PM

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Insurance Litigation Attorney serving St. Petersburg, FL
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The facts of each case are unique, but generally unlawful foreclosures can be overturned if there is a legal and/or factual basis. Your best recourse would be to secure an experienced foreclosure defense attorney to evaluate your options.
Answered on Oct 19th, 2012 at 11:28 PM

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