Foreclosure sparks litigation

On Behalf of | Jul 26, 2021 | Bankruptcy

If Tennessee lenders start the foreclosure process regarding a mortgage that is in arrears, there may be several options for resolving the situation and satisfying the debt. In some cases, an inability to do so may lead to a judgment of foreclosure regarding the mortgage. That is what reportedly happened regarding a particular house in another state, which was then placed on the market for sale. A real estate agent who was trying to sell the house said that problems arose when she showed up at the residence only to find her lockbox missing and evidence that someone had moved into the house.

Documents regarding legal action were taped to the door

The real estate agent says she received a notice to cease and desist from marketing the house. Police officers who were dispatched to the property later said there was a copy of a federal lawsuit fastened to the front door of the home. The officers also stated that there was food in the refrigerator and furniture in the house, suggesting that someone was living there. Police say that they also discovered ammunition, a crossbow and other weapons in the house.

A man says he has a right to live in the foreclosed home

Several days after police visited the home, a man arrived at the police station claiming that he lived at the residence and wanted to file a complaint regarding personal property of his that was missing from the premises. Police arrested the man for felony trespassing. The man, however, says that he belongs to a tribal community who are an indigenous people in the area and that he lawfully moved into the house, which is on land to which he is a lawful heir. He says that he has the deed to the property and that because the house is in indigenous territory, his residence there is lawful.

Not all foreclosures are this complicated

While it is not common for someone to take up residence in a home that is under foreclosure in Tennessee or any other state, it is not uncommon for legal problems to arise during a foreclosure process. Sometimes, the process is halted altogether, especially if the homeowner in question qualifies and files for a specific type of bankruptcy. A homeowner in need of legal support may request a meeting with an experienced bankruptcy law attorney in order to determine what options may be available to resolve a particular issue.

 

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