More details to this question:
We filed for a chp 7, did not reaffirm mortgage. Foreclosure occurred (court sale) loan was bought back by bank for total loan amount (260K). Now we just received an auditor notice that we might be liable for 33k in fees, missed mortgage payments and interest as a deficiency. I was under the impression that chp 7 protected us from this situation. Do we need to be represented?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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If this mortgage debt was owed before you filed your chapter 7 case and you received a discharge, then they cannot seek to collect any deficiency from you now.
If you are uncertain as to how to defend any such collection action by the bank, yes you should hire an attorney.
Answered on Dec 06th, 2013 at 1:20 AM