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Trust Deed Payments rejected by lender because of
My question is whether the bank holding the mortgage can refuse to
take payments after the homeowner/mortgagor, who is current on all
mortgage obligations, files chapter 7 and receives discharge.
Thanks,
On 3/3/10, David A. Tilem wrote:
> That's like asking if it's raining, must it be a Tuesday. They are
> unrelated. You get a discharge if you don't violate Sect 727. It has
> nothing to do with a fully mortgaged property.
>
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
> Alik Segal
> Sent: Wednesday, March 03, 2010 5:35 PM
> To: cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] Trust Deed Payments rejected by lender because of
> bankruptcy filing
>
>
>
>
> Is it generally true that a debtor who
>
> 1) owns a real property with a mortgage,
> 2) has no equity in that property and
> 3) is current on the mortgage
>
> can ride through a chapter 7 bankruptcy case and wipe out unsecured debt?
>
> Alik Segal
>
> On 3/2/10, David A. Tilem .com> wrote:
>> sounds like wife needs an emergency relief from stay motion......
>>
>>
>>
>> David A. Tilem
>> Certified Bankruptcy Specialist*
>> Law Offices of David A. Tilem (a debt relief agency)
>> 206 N. Jackson Street, #201, Glendale, CA 91206
>> Tel: 818-507-6000 Fax: 818-507-6800
>>
>> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
>> Specialization.
>> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>>
>>
>> -----Original Message-----
> [mailto:cdcbaa@yahoogroups. com] On Behalf
> Of
>> Mark Jessee
>> Sent: Tuesday, March 02, 2010 4:32 PM
>> To: cdcbaa@yahoogroups. com
>> Subject: [cdcbaa] Trust Deed Payments rejected by lender because of
>> bankruptcy filing
>>
>>
>>
>>
>> Chapter 7 debtor is the coobligee on a note and trust deed on ex-wife's
> home
>> purchased during marriage. Debtor no longer on title, but still obligated
> on
>> note. Ex-wife makes all payments timely. As soon as bk filed, lender
> refuses
>> to accept payments from ex-wife returning them because the loan is "in
>> bankruptcy". The lender of course refuses to speak with ex-wife, because
>> lender's employees are not able to distinguish her as the borrower not in
>> bankruptcy from her ex-husband who is the debtor in the Chapter 7 case.
>>
>> Under what lawful basis, if any, can the lender refuse and return trust
> deed
>> payments tendered to it on a loan that is current, just because one of the
>> borrowers is a debtor in bankruptcy?
>>
>> Mark Jessee
>>
>>
>>
>>
>>
>
> --
> Alik Segal
> Alik.Segal@gmail. com
> 310-367-3626
> Cal. CD, Los Angeles
>
>
>
>
Alik Segal
Alik.Segal@gmail.com
310-367-3626
Cal. CD, Los Angeles
The post was migrated from Yahoo.
Is it generally true that a debtor who
1) owns a real property with a mortgage,
2) has no equity in that property and
3) is current on the mortgage
can ride through a chapter 7 bankruptcy case and wipe out unsecured debt?
Alik Segal
On 3/2/10, David A. Tilem wrote:
> sounds like wife needs an emergency relief from stay motion......
>
>
>
> David A. Tilem
> Certified Bankruptcy Specialist*
> Law Offices of David A. Tilem (a debt relief agency)
> 206 N. Jackson Street, #201, Glendale, CA 91206
> Tel: 818-507-6000 Fax: 818-507-6800
>
> * Bankruptcy specialist cert. by State Bar of CA Bd of Legal
> Specialization.
> Business bankruptcy specialist cert. by Amer. Bd. of Certification
>
>
> -----Original Message-----
> Mark Jessee
> Sent: Tuesday, March 02, 2010 4:32 PM
> To: cdcbaa@yahoogroups.com
> Subject: [cdcbaa] Trust Deed Payments rejected by lender because of
> bankruptcy filing
>
>
>
>
> Chapter 7 debtor is the coobligee on a note and trust deed on ex-wife's home
> purchased during marriage. Debtor no longer on title, but still obligated on
> note. Ex-wife makes all payments timely. As soon as bk filed, lender refuses
> to accept payments from ex-wife returning them because the loan is "in
> bankruptcy". The lender of course refuses to speak with ex-wife, because
> lender's employees are not able to distinguish her as the borrower not in
> bankruptcy from her ex-husband who is the debtor in the Chapter 7 case.
>
> Under what lawful basis, if any, can the lender refuse and return trust deed
> payments tendered to it on a loan that is current, just because one of the
> borrowers is a debtor in bankruptcy?
>
> Mark Jessee
>
>
>
>
>
Alik Segal
Alik.Segal@gmail.com
310-367-3626
Cal. CD, Los Angeles
The post was migrated from Yahoo.
charset="windows-1251"
sounds like wife needs an emergency relief from stay motion......
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Mark Jessee
Sent: Tuesday, March 02, 2010 4:32 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Trust Deed Payments rejected by lender because of
bankruptcy filing
Chapter 7 debtor is the coobligee on a note and trust deed on ex-wife's home
purchased during marriage. Debtor no longer on title, but still obligated on
note. Ex-wife makes all payments timely. As soon as bk filed, lender refuses
to accept payments from ex-wife returning them because the loan is "in
bankruptcy". The lender of course refuses to speak with ex-wife, because
lender's employees are not able to distinguish her as the borrower not in
bankruptcy from her ex-husband who is the debtor in the Chapter 7 case.
Under what lawful basis, if any, can the lender refuse and return trust deed
payments tendered to it on a loan that is current, just because one of the
borrowers is a debtor in bankruptcy?
Mark Jessee
charset="windows-1251"
Message
sounds like wife needs an
emergency relief from stay motion......
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.