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beewax58 · Joined: 08 May 2011 Posts: 3 1.93 Dollars($)

I discharge my house,in chapter 7, they keep selling accounts, I ask about sheriff sale, they said were not doing anything go back for taxes , how to get my name off, I still live here, weather Im here or not everyone thinks I still own the property, the county said,we have nothing on records, of anything except your name taxes keep comming to me,Im not paying them, the new server oringinally said we might pay you to move,I take care of an disable aunt so I have to watch my funds,Now server saids were not interest,So county does not even no what Im suppose to do.I thought sheriff sale etc, I don,t want to repair things I can't afford,no one seems to no the answer, I thought the mortgage was suppose to contact,someone about a discharge,to the tile,deed,county.etc HELP

gmakerley · Posted: Thu Jun 16, 2011 11:40 am Post subject:

You were in bankruptcy, so you must have had the assistance of legal counsel in that process...isn't that right?

Have you attempted to discuss your situation with that attorney at all? Do you have a different attorney to whom you can address your questions?

It occurs to me that your bankruptcy would have had nothing to do with the ownership of the home, but rather the mortgage debt. The county and the taxing authority would have no record of a transfer of title largely because there wouldn't have been a transfer of title. You mention a "sheriff's sale," but it's not clear to me whether you're saying that one took place or not. Did it?

If not, then you would certainly remain the owner of the home, and liable for taxes, insurance, etc.

We need substantially more information to try to begin to answer your questions.

Frankly, you need sustantially more information about what's taken place so you can figure out what moves you must make next.

Guest

Mr Akerley ,thanks for your quick response,My attorney is finish with my case,unless I want to pay him, no there was not a sheriff sale the last server said were not going to do anything,I assume they bought 100's of homes and some like mind, that need repair,so just let it go back for taxes,if the mortage was discharge,does it not mean the new server,owns the property,even if they won't take my name off, whats the use of bankruptcy,if you still have to fight, servers who past the buck.

gmakerley · Posted: Fri Jun 17, 2011 3:42 pm Post subject:

Honestly, everything that would or could take place ought to have been explained to you in the bankruptcy, either through your attorney or the trustee in the court. I don't get why people come out of bankruptcy without the power of having that knowledge. Is there something drastically wrong with the courts that adjudicate these things?

If the mortgage has been discharged, that settles that; but if there's been no sale of the premises, then that makes you the current owner. Unless there's a transfer of the property, you own it and you'd owe any taxes due. All the bankruptcy does is eliminate the debt, not the collateral for the debt.

Consult with another lawyer who can fill you in during a short session, usually for free. Check with Legal Aid in your state to see if you can get an opinion through them, for free. Contact the state bar association for a name, too. You need to speak with someone with expertise in both real estate law and bankruptcy law, I believe.

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