Lawyer problems

[blanke97]

What is the name of your state?Ohio
My husband and I filed bankruptcy two years ago. We included a two family rental property. My understanding when we filed that this property would no longer be our problem. I have recently found out that the property is still in our name and the foreclosure has been stopped by the mortgage company. The mortgage company has pretty much said that is still our problem if we want to do a short sale or negotiated settlements. I called my lawyer and he tells me that he has never had this happen before and not real sure what to do. He said without researching the issue that maybe we could find someone to buy the property. Is this not why we filed??? Should my lawyer be able to do something legally to get the property out of our name? I don't understand when we paid him to take care of these things. He said it was nothing he did or we did wrong. Should we take care of this and do a short sale or should we find a new lawyer???????

Very confused,
Blanke97

 

[Ladynred]

The lawyer is right, this particular problem, which I agree IS unusual, does NOT stem from anything he did or did not do and certainly not in the ordinary course of any bankruptcy filing.

The finger-pointing goes right to the mortgage lender, who for some reason refuses to foreclose or take possession of the property. If they don't take possession, YOU are still the owner of the property even though you are NOT obligated in any way for the mortgage debt.

If you can sell the thing, do it, do whatever it takes to be rid of it. If you don't want to go that route, then you may need to find a lawyer who knows what to do with the situation - and that's NOT a bankrutpcy lawyer.

I've never heard of a lender refusing to forclose. Who is the lender ??