Legal Question in Bankruptcy in Nevada

First Trust Deeds

Can an individual holding a first trust deed on a property, as one of many holders of such deeds on the same property, himself initiate a default notice and foreclosure against the debtor for the amount of the individuals loan? The loan servicing firm is in bankruptcy court. How is this done and what would it cost to hire a lawyer to do it? I want to protect my money and the court does not appear to be doing it.


Asked on 12/07/06, 6:46 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: First Trust Deeds

Yes you can but you must appear in BK court first. I can make that appearance for $ 750.00, then handle the foreclosure if you like under another agreement. Call me directly at 1.619.846.8947.

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Answered on 12/08/06, 6:32 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: First Trust Deeds

The loan servicing agreement is potentially an asset of the bankruptcy estate because it presumably generates income. Without reading the contract with the loan servicer, it would be difficult to advise you if you have the legal grounds to terminate the contract and switch to another company. One important step would be to contact the BK attorney to determine what position the loan servicing company has, if any.

If you are talking about initiating a nonjudicial foreclosure, you would need to pick another trustee for the deed of trust rather than handling it personally. In the case of a judicial foreclosure (a foreclosure), you could represent yourself or hire an attorney.

I have experience in bankruptcy and both types of foreclosures. Please contact me office if you wish to discuss the matter further.

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Answered on 12/07/06, 9:26 pm
Jeffrey Cogan Law Offices of Jeffrey A. Cogan, Chartered

Re: First Trust Deeds

The USA Capital Bankruptcy is starting to melt down. Many direct lenders want to do what you are doing but initially, Judge Riegle did not allow it. I don't know the current status and would charge $1000 to get permission from the court to allow it, presuming the bankruptcy court is now allowing foreclosures after receiving permission.

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Answered on 12/08/06, 11:39 am


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