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Updated over 5 years ago on . Most recent reply

User Stats

2,113
Posts
195
Votes
Alex Hamilton
  • Property Manager
  • Baton Rouge, LA
195
Votes |
2,113
Posts

Looking for an Individual or Attorney who knows Louisiana Law

Alex Hamilton
  • Property Manager
  • Baton Rouge, LA
Posted

I had an Attorney set up a sale subject to the existing mortgage on a house I Mortgaged.  The deal was set up under my corporate name with me signing as representative of the company.  I donated my interest in the house to the(my company) IRS designated 501 ( C ) 3 non profit prior to making the deal.  The buyer paid $10,000 and took over the $650 per month Notes on the existing mortgage.  The Buyer missed 2 Notes and the Bank called the balance due on the mortgage.  The Buyer made up the two missing payments.  However, the Bank still called the balance due on the mortgage thereby foreclosing on the house.  To keep the buyer from getting evicted I filed a Chapter 13 Bankruptcy in my name personally claiming the house.  The buyer refused to continue paying Notes through the Bankruptcy Court, abandoned the house and filed criminal charges against me for theft of the house Notes, which has resulted in a pending criminal case in Louisiana.

Question is, if under Louisiana Law I can't charge someone criminally for not paying a monthly Note contracted on my real estate that is owed to me.  How can I be charged for not paying my Mortgage in a criminal proceeding.

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