securedcfl
Junior Member
Florida. I have a house in South Carolina. My mortgage company was Taylor, Bean and Whitaker, who filed chapter 11 in August, 2009 in Jacksonville, FL(Middle FL Bankruptcy court). Prior to their filing, we had filed a complaint in South Carolina regarding TILA violations and other issues.
I petitioned for Relief from Automatic Stay and had a hearing in February, 2010. While the judge denied the relief because of the ongoing issues with Taylor Bean, its creditors and FDIC, he instructed me to file as a secured creditor. Taylor Bean's council admiitted prior to the judge's ruling that my case was based on fraudulent activity by his client. The judge suggested in open court that the defendant would probably not dispute my secured claim filing. They did not and I am a secured creditor at $210,000. Can I file with the trustee to release mortgage?
I petitioned for Relief from Automatic Stay and had a hearing in February, 2010. While the judge denied the relief because of the ongoing issues with Taylor Bean, its creditors and FDIC, he instructed me to file as a secured creditor. Taylor Bean's council admiitted prior to the judge's ruling that my case was based on fraudulent activity by his client. The judge suggested in open court that the defendant would probably not dispute my secured claim filing. They did not and I am a secured creditor at $210,000. Can I file with the trustee to release mortgage?