Legal Question in Bankruptcy in Virginia

Bankruptcy on Mortgage

My husband and I filed BK Chapter 7 Aug. 2005. We were asked by the Judge if we wanted to keep our home, and we said yes. Discharged was Nov. 2005.Checking my husbands credit 3 weeks ago realized that the mortgage was filed on. Credit reports ''Included in Bankruptcy'', we have been paying payments of $705.60 for almost 3 years without any knowledge of this. I also called the U.S. Bankruptcy Court and they confirmed it was filed on and no reaffirmation was signed and filed. We were behind 2 months when we recieved a default letter on the home, good to July 30, 2008 *yesterday*. I have told Green Tree we were letting it go back to them, then they tell us it was bankrupted on *now they tell us* and they said they were going to do ''Deed of Lieu''. We were suppose to have recieved it last week and still nothing yet. I have talked to this company 3 times within the past 2 weeks and yet for the past 2 weeks and yesterday I found out they are calling family members looking for us instead of calling us.My husband *not in my name* borrowed $68,400 and default letter says $78,988.21 , since the 11 years we have been here. Of course this isn't all of the story with Green Tree.Does something seem stange, and can anything be done about it?


Asked on 7/31/08, 4:23 pm

1 Answer from Attorneys
Susan Allen The Law Office of Susan E. Allen, PLLC

Re: Bankruptcy on Mortgage

Take all of your documents (land and bankruptcy) to your attorney to find out if the lender's actions are appropriate and if you have a valid deed of trust on the property.

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Answered on 8/06/08, 7:52 am


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