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Hi, I filed bankrupcty and it was discharged in September of 2007. My mortgage company was named in the banrupcty. The house still has not been foreclosed on and it's July 2009. My sister's boyfriend is a lawyer and he suggested doing a deed to Mortgage for no consideration. Filing it with the county the house is in. Charlotte County in Florida. Then when they go to foreclose they can't because it is in their name. Can this really be done?

Help!!!

gmakerley · Posted: Wed Jul 22, 2009 1:52 pm Post subject:

a lawyer? what kind of lawyer - certainly not real estate, i guess.

a deed in lieu of foreclosure is something that needs to be coordinated with the lender, not just written up and filed.
"then when they go to foreclose they can't because it is in their name." is this his brainstorm or yours?

it's incredible how bad the information out there really is!

alxmctr · Joined: 24 Jun 2009 Posts: 7 3.08 Dollars($)

hello, i have been reading these forums for awhile and can't help but notice the almost rude way you answer questions. Most people that come to this site is asking these questions because they truly do not have the answers and need help. Being smug does not help anyone. The question could have been answered in a way that actually had useful information in it. Thank you

gmakerley · Posted: Thu Jul 23, 2009 7:06 am Post subject:

i won't try to defend myself, and i certainly don't mind your criticism. i know that sometimes i come off as strident.

my last sentence above truly reflects how i feel about some of what i read. there is a ton of bad information out there, and we are, unfortunately, a nation of people who tend to take things at face value. also unfortunately, those who are dispensing this bad information are often so positive in their approach that they seem to be believable.

in this particular case, the lawyer is our poster's sister's boyfriend - not defined as a real estate lawyer, divorce lawyer, etc. i promise you there is a world of difference in getting legal advice from someone whose main practice is outside the area being discussed. i've seen this in action, and some of the real estate advice that comes from non-real estate lawyers is atrocious. that's why i will question the advice, especially when i see it is bad advice to begin with. there's no such thing as "deed for mortgage" in legal parlance. what is being discussed there would be a deed in lieu of foreclosure.

you are 100% right in saying that most who are questioning need help. i guess (unless i change my stripes) you have to read between my "smugness" lines to get the messages. whenever i have an opportunity to help out, i make it a point to do so. if that means tough love sometimes, that's because it is necessary. i don't apologize for telling it like it is. there's as much need for that as there is for all of the other information that we see on here. i've seen so many useless answers given to people that it's hard to hold back at times.

now, to the case at hand: the easy answer to kimlock's question of whether it can be done or not is this: No. she needs to go to the lender to discuss her situation, and she may need to go back to the lawyer who handled the bankruptcy for additional information also.

alxmctr · Joined: 24 Jun 2009 Posts: 7 3.08 Dollars($)

I can certainly understand your intolerance to some questions, especially seeing the same wrong info day in and day out. I guarantee you have helped many with your knowledge. The way you answered the question the second time had useful information that could be used. It showed why you are a "community mentor".

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