Nearly six years ago, I found myself in some financial trouble because of the housing crash. I filed for Chapter 7 bankruptcy, and agreed to surrender the house to the mortgage holder. I figured that I would be out of there within six months. I’m still in the house, but my entire financial future is in jeopardy, because judges are ruling on what they think the law should be, rather than what it says.
It turned out that the bank who was claiming to be the mortgage holder was not, in fact, the holder of the mortgage. I asked for sanctions, and the bank settled out of court for just under 5 figures.
The bank opened a foreclosure case, which was then dismissed a year and a half later because their attorney never pursued the case, after he was caught manufacturing evidence and was subsequently disbarred. The bank was caught in their fraud by the Feds and had to pay me another $4K in a settlement. The mortgage was then sold to another bank.
That bank didn’t do anything with the mortgage for over three years. In May of 2015, more than 5 years after the conclusion of my bankruptcy, a judge in Tampa came down with a ruling that says people who file bankruptcy cannot defend themselves against foreclosures, and if they do, the court will retroactively void their bankruptcy.
As soon as they heard this, the original bank bought the mortgage back, and again filed suit for foreclosure. As soon as I was served, I hired an attorney. Now the bank is threatening to get this judge to retroactively void my bankruptcy by claiming that I am stalling the process. even though it is their own fault that the house has not been foreclosed upon: they are the ones who committed fraud, their attorneys are the ones who were disbarred, and they are the ones who sat on their hands for over 5 years without pursuing the case.
The judiciary is out of control.