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BTO429

Illegal foreclosure

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I have talked about this before and mentioned it several times. My home was foreclosed on while on active duty. It has taken me six years to locate the actual complaint. Court clerk could not find them and the case files just vanished.

 

My father quit claimed me the house after my mother dies and he moved. There was a mortgage on the house for 36000, he said he would pay it while I was gone. Father had to file chapter 7.

 

I was searching through fathers files to put them in a safe deposit box and he had copies o the whole case.

 

They argued in the case that I had no interest in the property. Plus they filed an affidavit of non military status, will get into the SCRA later.

 

The court agreed that I had no interest in the property and allowed the foreclosure. Indiana is a judiciary foreclosure state.

 

Now comes the good part, in the complaint they state the following; (Father) conveyed the mortgaged property to (Father and son) Said Father and son took title to the mortgaged property subject to the mortgage of the Plaintiff.

 

Seems to me they shot them selves in the foot. I wish i would have delved deeper into real estate law when I went to school. It was not my concentration area. Im going back to school to take all the real estate courses though.

 

Seems to me with this statement they just made me subject to the mortgage even though I was not a co maker on the note. Man I wish i would have taken the real estate courses. Never though I would get into real estate.

 

plus i will have to look into SOL on this.

 

 

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