Legal Question in Bankruptcy in California

If I declare bankruptcy in California, and I am current on my house payment, will the mortgage company be compelled to produce the note at the bankruptcy court; to prove i owe them money?

or

will a simple "he owes us money" be sufficient for the court ?

Asked on 10/29/13, 3:34 pm

1 Answer from Attorneys

Scott Jordan Jordan Law Office
0 users found helpful
0 attorneys agreed

What are you trying to accomplish in the bankruptcy? Are you trying to reduce the amount owed or have the loan discharged in full while keeping the house?

If you are trying to obtain the note only, there are less "aggressive" means to accomplish that goal.

Bankruptcy is generally not the forum to litigate the legality of a loan. That is left for the state court system and very difficult to win.

Read more
10/29/13, 6:13 pm

Related Questions & Answers

More Bankruptcy Law questions and answers in California

Looking for something else?

Get Free Legal Advice

8785 active attorneys ready to answer your legal questions today.

Bankruptcy Law Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Anthony RoachLaw Office of Anthony A. RoachChatsworth, CA
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now