Perhaps arguing that claim against lender is community property asset, of the estate? This would arguably allow counsel for debtor/estate to prosecute using plan payments.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647
Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462
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________________________________
To:
cdcbaa@yahoogroups.com
Sent: Fri, May 14, 2010 8:28:06 AM
Subject: RE: [cdcbaa] Ch13 homeowner Question
If not in privity of contract how do you bring an action by a non-party against a lender for predatory lending? Otherwise Peter is exactly correct.
Jim
From:cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of attorneychristine@ gmail.com
Sent: Friday, May 14, 2010 7:08 AM
To: cdcbaa@yahoogroups. com
Subject: [cdcbaa] Ch13 homeowner Question
I have both spouses on title and only husband on mortgage. Can I file bk in wife's name only and stop foreclosure on the home? And fight the predatory lender?
Sent from my Verizon Wireless BlackBerry
Perhaps arguing that claim against lender is community property asset, of the estate? This would arguably allow counsel for debtor/estate to prosecute using plan payments. Peter M. Lively, JD/MBALaw Office of Peter M. Lively * Personal Financial Law Center I11268 Washington Blvd, Suite 203, Culver City, CA 90230-4647Telephone: (310)391-2400 * (800)307-3328 * Fax: (310)391-2462 A-Bankruptcy-Attorney.comPersonal Financial Law Center II - Costa Mesa, CA
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY E-MAIL OR BY TELEPHONE. THANK YOU.
From: James T. King <
king@kingobk.com>To:
cdcbaa@yahoogroups.comSent: Fri, May 14, 2010 8:28:06 AMSubject: RE: [cdcbaa] Ch13 homeowner Question
If not in privity of contract how do you bring an action by a non-party against a lender for predatory lending? Otherwise Peter is exactly correct.
Jim
From: cdcbaa@yahoogroups. com [mailto:cdcbaa@ yahoogroups. com] On Behalf Of attorneychristine@ gmail.comSent: Friday, May 14, 2010 7:08 AMTo: cdcbaa@yahoogroups. comSubject: [cdcbaa] Ch13 homeowner Question
I have both spouses on title and only husband on mortgage. Can I file bk in wife's name only and stop foreclosure on the home? And fight the predatory lender?Sent from my Verizon Wireless BlackBerry
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