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filing chap.7 lose house incorrect mortgage documents

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rhondac3006

Guest
What is the name of your state? Kentucky
I consulted a lawyer about filing chapter 7 bankruptcy. He told me that my mortgage documents were not prepared properly. My property through out my note is only referred to by the 911 address. There is a physical description attached at the end of my note (after the signature page). The lawyer I consulted said that would be okay if they had noted the document was attached. The attachment is not noted. He said we could fix this ourselves and show that it had been corrected. He said we would then have to wait 90 days before we filed. I really don't want to wait that long. What are the chances that I may lose my house because there is not a physical description correctly noted in my mortgage documents? I feel like the lawyer is not telling me everything. I am afraid that he is trying to prolong my bankruptcy so he can get more money
 


HomeGuru

Senior Member
rhondac3006 said:
What is the name of your state? Kentucky
I consulted a lawyer about filing chapter 7 bankruptcy. He told me that my mortgage documents were not prepared properly. My property through out my note is only referred to by the 911 address. There is a physical description attached at the end of my note (after the signature page). The lawyer I consulted said that would be okay if they had noted the document was attached. The attachment is not noted. He said we could fix this ourselves and show that it had been corrected. He said we would then have to wait 90 days before we filed. I really don't want to wait that long. What are the chances that I may lose my house because there is not a physical description correctly noted in my mortgage documents? I feel like the lawyer is not telling me everything. I am afraid that he is trying to prolong my bankruptcy so he can get more money

**A: if the mortgage is recorded on title, then you have a lien on the property. The note should not have a bearing on your BK.
You post is very confusing and there are numerous issues.
The note without a property description has no bearing on if you are going to lose the house or not.
 
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rhondac3006

Guest
mortgage note

in your opinion should i consult with another attorney?
 
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rhondac3006

Guest
i am baffled as to why the attorney would tell me this, is there any law that you know of that he based this on or did he totally make this up, i don't know how it would benefit him if i filed 90 days from now of tommorrow
 

HomeGuru

Senior Member
rhondac3006 said:
i am baffled as to why the attorney would tell me this, is there any law that you know of that he based this on or did he totally make this up, i don't know how it would benefit him if i filed 90 days from now of tommorrow

**A: first of all, I don't even know what the heck this attorney is talking about. Secondly, is he referencing a real estate law, contract law, mortgage financing law, BK law...? I have not a clue as to what this attorney is trying to do.
 
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rhondac3006

Guest
i guess it is a bk law since that is supposed to be what his specialty is, he said if there was anything wrong with the mortgage documents that the trustee could take my house.
 

HomeGuru

Senior Member
rhondac3006 said:
i guess it is a bk law since that is supposed to be what his specialty is, he said if there was anything wrong with the mortgage documents that the trustee could take my house.

**A: on the other hand, the Trustee could very well take your house even if there was nothing wrong with your mortgage documents.
We do not know your finances etc. surrounding the BK7, your ability or non-ability to reafirm your mortgage and/or pay such mortgage current, the value of the property, exemption if any, Trustee's option to take the property or let the mortgage lender foreclose, other liens on title..........So there are numerous variables that may affect your losing your house even if we do not throw in the mortgage documents issue into the equation. Your best bet would be to seek an 2nd and even a third opinion.
 

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