QUESTION
Can bank foreclose if mortgage dept was discharged
Asked on Mar 05th, 2013 on Foreclosures - Nevada
More details to this question:
My first mortgage was discharged though BK in 2010. BofA never moved to lift automatic stay. I have not made any payments since BK. I have applied for modifications with no succes. I am not sure if BofA filed a proof of claim during BK. Can BofA foreclose if the debt was discharged and the automatic stay was not lifted.
1 ANSWER
R. Christopher Reade
Mortgages are different from other types of loans and debt. Merely because the lender did not lift the stay does not strip the lender's rights to pursue post-petition breaches and arrearages, including through non-judicial foreclosure.
Answered on Mar 08th, 2013 at 3:38 PM