QUESTION
Are they within their rights to serve me after I surrendered my house with a first and second mortgage?
Asked on Apr 08th, 2014 on Bankruptcy - Idaho
More details to this question:
It was originally a chapter 13 that changed to a chapter 7 once I lost my job. The mortgage company is now serving me papers 4 years later.
8 ANSWERS
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If the mortgage was reaffirmed by you during bankruptcy proceedings, you remain personally liable on the debt and the mortgage company can foreclose on the house if payments are now past due. Even if the debt was discharged by the court and you are no longer personally liable, the mortgage company usually has a lien filed on the house with the county clerk/recorder and can foreclose on it unless the court had ordered the removal of the lien.
Answered on Apr 14th, 2014 at 11:26 AM
No. But something seems wrong. Contact your original attorney. If that's not possible for whatever reason, pay an experienced BK lawyer to look at your file. Get a complete copy of your entire Bankruptcy file when meeting with the attorney. This will make the meeting as productive as possible.
Answered on Apr 10th, 2014 at 8:01 PM
William Rhymer
I would suggest you talk with your bankruptcy lawyer as he or she would know the answer for your particular fact situation.
Answered on Apr 10th, 2014 at 7:17 PM
Insurance Law Attorney serving Pasadena, CA
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KJM Law Partners
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They might be. If the money from the second mortgage was not used to purchase the property, the lender can still hold you personally liable for the debt even their lien was extinguished as a result of the foreclosure. However, if the debt was incurred prior to filing bankruptcy and you received a discharge, the lender cannot come after you for it as it would be a violation of the discharge order.
Answered on Apr 10th, 2014 at 11:58 AM
Serving you papers is an awfully vague description. In legal matters, the devil is in the details. Bankruptcy does not provide for surrender of property, it only provides for an "intent to surrender" which is about as meaningful as a kid's intent to be good for Santa Claus. If you want accurate answers, you need to provide details, but I can guarantee you that you did not actually surrender anything in your bankruptcy. State laws, not bankruptcy laws, control the way title to property is transferred.
Answered on Apr 10th, 2014 at 11:38 AM
Bankruptcy Attorney serving Omaha, NE
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Heineman Law Office
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Since you filed a Chapter 7, and assuming neither creditor avoided the discharge of its debt, then neither can sue you. Also, what kind of papers is the mortgage company serving you? Is a lawsuit or is it a foreclosure notice?
Answered on Apr 10th, 2014 at 11:38 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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While you may no longer be personally obligated to pay the Mtg due to your presumed discharge, yes, they can still foreclose on the Property but not seek a Judgment against you personally.
Answered on Apr 10th, 2014 at 11:36 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Contact your bankruptcy attorney. If you received a discharge in the Chapter 7, the bank cannot hold you accountable for those debts. However, there are some legal notices that are required to be served on the owners despite a bankruptcy, make sure these are not those noticing documents.
Answered on Apr 10th, 2014 at 11:35 AM