Legal Question in Real Estate Law in Pennsylvania

I have been approved by BofA for a Deed in Lieu of Foreclosure. I have signed all of the paperwork assigning the house to them in early February. The house has been vacant even prior to the move-out notice.

Question: If I signed the above, why am I getting court documents (complaint) re: Mortgage Foreclosure? I thought the above forewent the entire foreclosure process.

Or is filing this stuff with the court standard protocol in order to record the deed? Also, at this point, how long does it take before the deed is recorded in BofA's name?

Note: The above property is part of a probate estate of my late uncle and I am the executrix handling the matter. Not sure if this is pertinent info.

Thanks.


Asked on 4/14/11, 8:52 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

You should be asking the bank, in writing, for a release of your obligations. Did you sign a deed to the bank, among all of the other documents you signed? Did you read and understand every part of those documents?

Sometimes, a bank may go through foreclosure even if it has received a Deed in Lieu. The purpose is to clear other liens on the property, which a court foreclosure does.

For such a major step which directly affects your credit, you should have a lawyer in your corner.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 4/14/11, 12:19 pm


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