Filed vs.docketed? Valid sheriff sale? (Very long)

Posted by KAT on September 24, 2005 at 14:12:07:

I filed pro se a "Motion To Convert" chap 7 to chap 11 at approx. 3:45 pm the afternoon before a sheriff's sale on the 2nd Mortgage on our home. I have the time and date stamped copies of the motion which was subsequently granted by the court. We felt confident at that point the sheriff sale was invalid. A few days later, a neighbor walked up and informed us that he "had bought our house but we didn't have to move right away." We explained that we had filed bankruptcy beforehand and so the sale was not valid. He told us he intended to have our property. This neighbor had approched us over the last 6 years wanting to buy our home and was told no we were not selling. Since that time we have went through numerous attemps to through out our bankruptcy, invalidate it, confirm the sheriff sale, etc. First was an objection to the conversion. We went to court to answer this pro se also. Brought up were about 7 or 8 reasons not to let us convert, crazy reasons with no ryhme or reason. "How do we know they have foreclosure filed on their property, manipulating the code, doing for dishonest reasons, to get out of paying creditors" to name a few. I was kind of scared in court without an attorney but by the time they were done (all four lawyers they brought in, I was alone as my husband was unable to attend)I was completely pi** off. I explained to the judge the one and only reason we filed for conversion was to keep our home. The outcome was the judge gave us two weeks to have all paperwork for conversion filed by an attorney. I did not mention earlier that when I started to contact attorneys in our area we had several positive responses followed in a few days by "sorry we cannot help you" to just not taking calls and ignoring emails. One attorney informed us our case had been dismissed - untrue. The only attorney with any where near accepting wanted $3000.00 up front before doing anything and that was the fee to just file the papers.God was watching over I believe because I started calling attorneys 300- 400 miles away. Our "2 Weeks" was running out. Late Fri. afternoon and attorney over 400 miles from us returned a call apoligizing for not getting back from my email but that he had reviewed everything the evening before and would be glad to help us. He asked if everything had to be filed by Monday at 5:00pm and I told him by Wen at 5:00. I couldn't believe he was willing even if it was due Monday. I emailed all the info and his office filed the papers at 3:45 pm Wen. This attorney listed his fee in the filed papers and it was the normal fee charged in this area for chap 13. He has not asked for a penny yet, I know he will be paid through the plan but I expected to pay for the way he went above and beyond what any of the 45+ attorneys I called hire in the matter. The court accepted the papers. Now our attorney called and said they are objecting to invalidating the sheriff sale because although I filed it the day before the bankruptcy clerk had not filed it on the docket until 2:00pm the following day AFTER the sheriff sale that occured at 11 am. I was not even worried about the sheriff sale but it has begin to look like it will not be invalidated. Does anyone know any case law or anything to help in this matter. The bankruptcy clerk knew of our case and even said to me the afternoon I filed the papers that "There you have your time and date stamped papers". I called the sheriffs office and was told if I would have brought those papers to the auction, the auction would have been cancelled.As I said earlier the this sheriff's sale was on the 2nd mortgage of 40,000 which our neighbor payed 82,000 for. The extra has been given to the first mortgage holder at this point. Now the county assessor's property tax page online lists our neighbor as owning our property. Does buying the 2nd mortgage (if sale is even valid) give title to property? We figured the bank still held title/deed to the property. The 1st mortgage sale has not been scheduled at this point becase we had filed the "dema maybe a family member who wanted the place can we go and buy the 1st mortgage and if so what is our or the buyers position in ownership? I would rather let someone, anyone get the equity we have rather than this neighbor. Does anyone have any ideas or hope? We live in the southern district in Iowa. I appreciate any suggestions - who knows what may help. I'm sure if we manage to get around the sheriff sale that something else will come up.

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Comments:: I filed pro se a "Motion To Convert"  chap 7 to chap 11 at approx. 3:45 pm the afternoon before a sheriff's sale on the 2nd Mortgage on our home.  I have the time and date stamped copies of the motion which was subsequently granted by the court.  We felt confident at that point the sheriff sale was invalid. A few days later, a neighbor walked up and informed us that he "had bought our house but we didn't have to move right away."  We explained that we had filed bankruptcy beforehand and so the sale was not valid. He told us he intended to have our property. This neighbor had approched us over the last 6 years wanting to buy our home and was told no we were not selling. :    Since that time we have went through numerous attemps to through out our bankruptcy, invalidate it, confirm the sheriff sale, etc.  : First was an objection to the conversion.  We went to court to answer this pro se also.  Brought up were about 7 or  8 reasons not to let us convert, crazy reasons with no ryhme or reason.  "How do we know they have foreclosure filed on their property, manipulating the code, doing for dishonest reasons, to get out of paying creditors" to name a few.  I was kind of scared in court without an attorney but by the time they were done (all four lawyers they brought in, I was alone as my husband was unable to attend)I was completely pi** off.  I explained to the judge the one and only reason we filed for conversion was to keep our home.  The outcome was the judge gave us two weeks to have all paperwork for conversion filed by an attorney.  I did not mention earlier that when I started to contact attorneys in our area we had several positive responses followed in a few days by "sorry we cannot help you" to just not taking calls and ignoring emails.  One attorney informed us our case had been dismissed - untrue.  The only attorney with any where near accepting wanted $3000.00 up front before doing anything and that was the fee to just file the papers.: God was watching over I believe because I started calling attorneys 300- 400 miles away.  Our "2 Weeks" was running out.  Late Fri. afternoon and attorney over 400 miles from us returned a call apoligizing for not getting back from my email but that he had reviewed everything the evening before and would be glad to help us.  He asked if everything had to be filed by Monday at 5:00pm and I told him by Wen at 5:00.  I couldn't believe he was willing even if it was due Monday. I emailed all the info and his office filed the papers at  3:45 pm Wen.  This attorney listed his fee in the filed papers and it was the normal fee charged in this area for chap 13.  He has not asked for a penny yet, I know he will be paid through the plan but I expected to pay for the way he went above and beyond what any of the 45+ attorneys I called hire in the matter.  The court accepted the papers. Now our attorney called and said they are objecting to invalidating the sheriff sale because although I filed it the day before the bankruptcy clerk had not filed it on the docket until 2:00pm the following day AFTER the sheriff sale that occured at 11 am.  I was not even worried about the sheriff sale but it has begin to look like it will not be invalidated.  Does anyone know any case law or anything to help in this matter.  The bankruptcy clerk knew of our case and even said to me the afternoon I filed the papers that "There you have your time and date stamped papers".  I called the sheriffs office and was told if I would have brought those papers to the auction, the auction would have been cancelled.: As I said earlier the this sheriff's sale was on the 2nd mortgage of 40,000 which our neighbor payed 82,000 for. The extra has been given to the first mortgage holder at this point.  Now the county assessor's property tax page online lists our neighbor as owning our property.:   Does buying the 2nd mortgage (if sale is even valid) give title to property?  We figured the bank still held title/deed to the property.  The 1st mortgage sale has not been scheduled at this point becase we had filed the "demand to delay" on it and I didn't realize it had to be done separately for the 2nd mortgage.: I know this is long and whoever has made it this far Thank You.  This is a big mess and there is even more to it than I have put here.  The neighbor who thinks  he bought our home is from a large family that is well know in our area and has LOTS of money as opposed to us who hve, obviosusly little resources and I'm sure not that well know (except now to area attorneys).: We get to the point of just saying heck with it an moving but then when I think of everything that has happen and as I see the neighbors brother and wife drive by slowly 2-3 times a week (he's getting the place for his brother so all his family can live out here, his parents and 4 other brothers already live here).: We have lived here for 13+ years and have built of equity.  Our tax base is $205,000.00 and we owed approx $125,000 when this started but I'm sure that figure is higher now.  : Another question I have is about the 1st and 2nd mortgage - if the first mortgage goes to sheriff sale I understand we can have first opportunity to but it at the price owed.  If we find financing somehow or maybe a family member who wanted the place can we go and buy the 1st mortgage and if so what is our or the buyers position in ownership?  I would rather let someone, anyone get the equity we have rather than this neighbor.  Does anyone have any ideas or hope?  We live in the southern district in Iowa. I appreciate any suggestions - who knows what may help.  I'm sure if we manage to get around the sheriff sale that something else will come up.  Optional Link URL : Link Title        : Optional Image URL:

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