I have a new client who contacted me a day before the trial on her unlawful
detainer. Her home was foreclosed and sold at a trustee's sale in December.
I filed an emergency Chapter 13 today which I assume will stay the UD trial.
She never received notice of the trustee's sale until the new owner knocked
on her door. In fact, the lender accepted payments from her pursuant to a
trial loan modification agreement after the property was sold. I believe
that I have several causes of action to allege in an AP against the lender
including quiet title. (Any suggestions as to other causes of action would
be greatly appreciated.) Ultimately, she wants to be able to keep the house
and pay off the arrears through the plan. However, that is dependent on
winning the AP to determine title to the property. Can I file some kind of
motion to put off the confirmation of the plan until the AP is decided?
Also, McCarthy and Holthus is holding about $200,000 which represents my
client's equity in the property at the time of sale. Would getting the
money from them act as a waiver of any claims that she might have? If she
gets the money post-petition, what would I need to do in the bk? This is an
unusual situation for me as she has no unsecured debt and was just behind on
her mortgage. She has equity in several properties. So, she really only
needs the chapter 13 to pay off the arrears which would not be possible
unless I win the AP. Any thoughts? Thank you.
Cameron H. Totten, Esq.
Law Offices of Cameron H. Totten
620 N. Brand Blvd., Suite 405
Glendale, CA 91203
(818) 483-5795
(818) 230-9817 (fax)
ctotten@ctottenlaw.com
http://ctottenlaw.com/
We are a federally designated Debt Relief Agency under the United States
Bankruptcy Laws. We assist people with finding solutions to their debt
problems, including, where appropriate, assisting with the filing of
petitions for relief under the Bankruptcy Code.
This e-mail and any files transmitted with it are confidential and are
intended solely for the use of the individual or entity to which they are
addressed. This communication may contain material protected by the
attorney-client privilege. If you are not the intended recipient or the
person responsible for delivering the e-mail to the intended recipient, be
advised that you have received this e-mail in error and that any use,
dissemination, forwarding, printing or copying of this email is strictly
prohibited. If you have received this e-mail in error, please immediately
notify me by telephone at (818) 483-5795. You will be reimbursed for
reasonable costs incurred in notifying me. Thank you.
I have a new client who contacted me a day before the trial on
her unlawful detainer. Her home was foreclosed and sold at a
trustee’s sale in December. I filed an emergency Chapter 13 today
which I assume will stay the UD trial. She never received notice of the
trustee’s sale until the new owner knocked on her door. In fact,
the lender accepted payments from her pursuant to a trial loan modification
agreement after the property was sold. I believe that I have several
causes of action to allege in an AP against the lender including quiet
title. (Any suggestions as to other causes of action would be greatly
appreciated.) Ultimately, she wants to be able to keep the house and pay
off the arrears through the plan. However, that is dependent on winning
the AP to determine title to the property. Can I file some kind of motion
to put off the confirmation of the plan until the AP is decided?
Also, McCarthy and Holthus is holding about $200,000 which
represents my client’s equity in the property at the time of sale.
Would getting the money from them act as a waiver of any claims that she might
have? If she gets the money post-petition, what would I need to do in the
bk? This is an unusual situation for me as she has no unsecured debt and
was just behind on her mortgage. She has equity in several properties.
So, she really only needs the chapter 13 to pay off the arrears which would not
be possible unless I win the AP. Any thoughts? Thank you.
Cameron H. Totten, Esq.
Law Offices of Cameron H. Totten
620 N. Brand Blvd., Suite 405
Glendale, CA 91203
(818)
483-5795
(818) 230-9817 (fax)
ctotten@ctottenlaw.com
http://ctottenlaw.com/
We
are a federally designated Debt Relief Agency under the United States
Bankruptcy Laws. We assist people with finding solutions to their debt
problems, including, where appropriate, assisting with the filing of petitions
for relief under the Bankruptcy Code.
---------
This e-mail and any files
transmitted with it are confidential and are intended solely for the use of the
individual or entity to which they are addressed. This communication may
contain material protected by the attorney-client privilege. If you are not the
intended recipient or the person responsible for delivering the e-mail to the
intended recipient, be advised that you have received this e-mail in error and
that any use, dissemination, forwarding, printing or copying of this email is
strictly prohibited. If you have received this e-mail in error, please
immediately notify me by telephone at (818) 483-5795. You will be reimbursed
for reasonable costs incurred in notifying me. Thank you.
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