Legal Question in Bankruptcy in North Carolina

I had a Bankruptcy discharged over two years ago and at that time I gave my home back in the chapter 7 when the payments were current. I never got anything from the mortgage company saying that they were foreclosing because it was included in the bankruptcy. I recently found out that the attorney for the mortgage company did not record the deed at the court house until 18 months after the discharge which of course I knew nothing about until now. My question is do I have any means of legal action against this kind of foot dragging on recording a deed 18 months after the fact. I am trying to get a home loan and have waited the required two years after a BK for a VA loan only to be told now because the attorney for the mortgage company took so long to record it at the court house I have to wait another 18 months on top of the two years. It doesn’t seem fair nor legal. Any help would be appreciated

Asked on 6/25/13, 8:07 pm

1 Answer from Attorneys

Kenneth Love Ken Love Law

Unfortunately, nothing illegal here. As unfair as it is, nothing requires the mortgage company to ever foreclose, it is only their right to do so. There are no legal grounds available because they took too long foreclosing, unfortunately.

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Answered on 6/26/13, 4:34 am

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