Houston, TX asked in Bankruptcy, Foreclosure and Real Estate Law for Texas

Q: My house was foreclosed upon while I was under bankruptcy protection in 2004, is it too late to sue Ameriquest Mortgage?

2 Lawyer Answers
Cristina M. Lipan
Cristina M. Lipan
Answered
  • Bankruptcy Lawyer
  • Wantagh, NY

A: The bank likely received an order from the court lifting the automatic stay to proceed with the foreclosure. This is not uncommon and they can do this for various reasons - no equity, no adequate assurance, you haven't been paying the mortgage post petition... etc. Take a look at your bankruptcy docket and look for Motion/Order relief from stay or lifting the stay, or something to that effect.

Timothy Denison agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You’d need to review the file and determine whether the Court gave them permission to sell the property before this question can be properly answered.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.