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Edward Mccracken
  • Real Estate Investor
  • Sauk Village, IL
30
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78
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​Telling a bankruptcy attorney he is wrong when including home

Edward Mccracken
  • Real Estate Investor
  • Sauk Village, IL
Posted Nov 17 2015, 12:09

I came across a nice looking vacant house in my investing area. I did some research, to find out a company that is known to do fraudulent foreclosures, started to foreclose on the homeowner then dismissed the case. I tracked down the home owner and called her to see if she would want to quit claim the house over to me of course for a small fee.  I then have a good attorney that would go into court for me and fight and or settle the foreclosure case.

While talking to her, she told me she was filing her house in her Chapter 7 BK. I explained to her that she is still responsible for whatever happens with the house as far as tickets go and if someone gets hurt there, its still on her. She then explained to me that she has a great lawyer that with the way he files the bankruptcy, it is given back to the bank immediately. Without telling her directly that the bank doesn't want the house I tried to explain to her that as long as she is listed on the recorder of deeds site she is responsible for what ever happens there.

I then did some more research to find out who her lawyer was through some public records and called him. He seemed ok with the deal. I then called the homeowner and she was like he doesn't think its a good idea. The lawyer seems to think that he is right. I have articles and case law stating that homeowner still owns it after the bankruptcy. I

Any suggestions??? I'm thinking of calling the lawyer and asking him how much does he charge for consulting because I had a few questions for him. I would then sit down with him ask about some bankruptcy stuff and then start questioning him about why he seems to think he is right with house situation. Of course I would be nice and play dumb. I will just say it like I don't want to be in a situation where someone quit claims the house and the bank owns the house.  

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