Legal Question in Bankruptcy in West Virginia

Bankruptcy

I assumed the lawyer that I was working with was retained....now have received a summons from the court that they will reposess the home....I need to respond within 2 days....I am 65 -my sister owns the home and is now in the nursing care facility...I have tried for 6 months to refinance-do a reverse mortgage--but could not because I found out she does not own the land....How do I respond to the court? I do not think I can get another lawyer fast enough...I took care of my sister for two years....I am going to get a pension from teaching--but have not received anything yet and with my social security I cannot make payments now but could...would the lender allow adding another year to the mortgage? (at the end)....your help is so appreciated....Thank You


Asked on 8/27/07, 12:07 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Bankruptcy

A petition in bankruptcy will stop the state court action. The creditor must seek bankruptcy court approval to proceed in any way. You need to see a bankruptcy or at least a consumer rights lawyer as soon as possible. You cannot ignore the state court process. There must be activity that has occurred that you do not know about or did not include in your question. The usual way a property is forclosed upon is by sale under a deed of trust. The court would be involved only after a sale and upon a suit to require the occupant to vacate. If so, you may have no legal standing to object to possession by the purchaser at such sale. Accordingly, you have to consult a lawyer, you can ask the State Bar Association to refer you to a lawyer who will consult with you one time without fee and you could also consult Legal Aid. As a last resort, you can appear and represent yourself before the circuit court and ask the judge to allow you time to hire a lawyer.

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Answered on 8/27/07, 2:57 pm


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