Since bankruptcy courts operate under the color of law what is a debtor to do. Your points are valid. However, such in my case I did have an attorney. While there are some bankruptcy attorneys or judges that do right the one's I've dealt with here in MO aren't.
I know you've read the posts I've made over and over. I know I'm behind in my trustee pymts. Which means my attorney has fees do as well. But even when I was able to pay them he's yet to effectively represent me. And now that there's even more evidence of deceit I'm just lost anymore.
Last month I went to court to attempt to keep my bankruptcy from being dismissed. I was sucessful and was able to stop it from being dismissed. I did attempt to pay something to the trustee as well. Not much as it was only $500 but my husband has become the major source of income in our household once again. I know shortly I'll be faced with going back to work after my children go back to school from xmas break.
But my lack of focus comes from not knowing how to handle the present matters. Since you know so much I know when I say my credit score was 650 before all of this you'll know I was meticiulous in my financial obligations.
However, as I've said before the last couple of years finanically havent been to my advantage. So I have Title companies involved, Homeq, Wells fargo, Wachovia, Option One, Ameriquest, my attorney and judge all on the hook here.
The reason behind this is yes I missed a couple of pymts but tried to fix it before they even started any actions. And in doing my due diligence I was told any of the banks could own this debt. To date none of them have claimed ownership yet. To me or the bankruptcy judge.
Thinking I was doomed because of the employment issues faced with my husband and actually myself I found out even though I was paying an attorney his only interests are his fees. Which I know I've been charged by the minute for. And anymore don't think he rightfully deserves. He never once asked to see all paperwork when I filed bankruptcy. I've since found out how illegitmate my 1st mortgage is as well. But am told it doesn't matter at all.
To me regardless of state laws if federal laws are followed thru out in banko ct my case shouldn't be sent to state court. To me their playing havoc for no reason. Or else in another court it wouldn't be being handled properly. If state law statutes dictate every lienholder has to be notified prior to sale that they intend to foreclose and we've proven they don't know who owns how can they foreclose? The bankruptcy may of given lift of stay but didn't void the lien which means its still in tact.
The most mind boggling part of this is if banko ct denied to hear more about my 2nd mortgage and things have turned out the way they have then they've created a cloud on title.
By him or my attorney not addressing it and the financial issues we have he gave a lift of stay to foreclose. But even in giving a lift of stay to foreclose with the cloud on title can the first really foreclose by reverting to when there was clear title before the case was proven that they don't know who owns? That the person who owns doesn't even know they own?
And even if I am to accept the first liens propsal of modifying the loan how is this right when they haven't owned up to what they did the first time around? It still doesn't erase the 2nd lien even if I file chp 7.
Couldn't these be good reasons for breach of contract in their behalf? Also couldn't they possibly be sued for filing erroneous documents in the county recorders office?
Also why is it that they only have to show a copy of said debt and not the actual promissory note showing the endorsements on it it in a bankruptcy court? Is there any such motion to file in banko ct to overturn a judges decision?
Thanks A Million!