Creditor Contempt of Court
Sorry but this will be a long post. I will put the events in order to help cut down on length.
July 2006. Started receiving power of attorney paper work from attorney claiming to represent our mortgage company and we needed to convert our property to real property. The company he represented was not our mortgage company I called tax office to ask was this right and they said no, our property was real property.
When we refused we received a notice from our mortgage company we were default of our loan. I pulled our records and realized we had not been current since Nov 2005 according to their statements. They were wrong.
This began a long fight that we finally filed bankruptcy in May 2007. In Nov 2007 our home was destroyed by fire. I called the mortgage company to tell them and they informed me that they would keep the check and pay off mortgage.
I asked were they going to finance us a new home. Their answer was, "I will transfer you to our loan department and you can try,but my advice to you is you need to shop around for a different company you might get a better deal.
I called our bankruptcy attorney and he filed motion to substitute cash for colleteral on we were approved on Jan 10, 2008.
The mortage company has refused to sign check, our lawyer filed contempt charges and we went to court June 24 and the judge demanded the check be signed and returned to us ASAP. Their lawyer said we were trying to strip them of their lein the judge told the lawyer you will get your day in court to answer the contempt charges and anything else.
We picked out new home in March when the check finally arrived from the insurance company, it took forever for them to send it that is why this is taking forever. We found out their lawyer called the homebuilder and ask if they knew we were in bankruptcy, they told him what does that have to do with them its a cash sale.
He told them that they lost the title to old home and wanted to make sure we listed them on new title.
Can you not just order a new title? I went to the court house and did a title search there is no title or lein with their name.
This attorney is the same one that sent us the papers in July. Represented them when we filed bankruptcy.
i have ordered all our bank statements and there are missing payments, payments with someone elses account numbers, pymnts held for 3 or 4 months and payments listing another mortage company.
Do we have any sort of recourse to take against them or does the bankruptcy court have all of it?
Thank You
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