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Old 01-07-2006, 10:21 PM
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Join Date: Jan 2006
Posts: 1
Default Can a civil action be held as the extortion that it is?

... for an attorney to file a civil action against a person who refused to sign over the deed to a property for which the entire mortgage debt was included in bankruptcy?

But the foreclosure hasn't taken place yet because the co-purchaser (who never signed the note) has sued the mortgage company for not accepting payments.

Essentially, I'm the other co-purchaser who's being included in the civil action against the mortgage company ... because I wouldn't sign over the deed.

The reason I refuse to sign over the deed is because I have more invested in the property that the other co-owner, and I would've liked to see how the civil action against the mortgage company went before doing so.

Legally, my financial obligation to the debt has been discharged in bankruptcy, but if I sign off now and the other owner is awarded the property ... I stand to lose much more than my initial investment of around 20k.

What possible judgment or damages could I be held accountable for if the debt has been discharged?

My name has simply been added to the civil action against the mortgage company without any details of what damages they claim I've caused, presumably with the hope that I'd just sign over the deed ... isn't that extortion?

The case against the mortgage company is strong and we've heard that a jury trial could result in the plaintiff being awarded the property, or a portion of it.

I bought the property with my own money and have the bank documents to prove it ... why should I hand it over to someone that threw me out only months after I purchased it for us?

Thank you for any interest taken.

Last edited by stokes : 01-07-2006 at 10:46 PM.
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