Foreclosure fees after bankruptcy

Your bankruptcy lawyer should've explained this process to you, but many do not. Bankruptcy only discharge is your legal obligation to pay a debt, it does not remove collateral obligations to a piece of property, unless a motion is filed in granted. As no motion was filed in this matter, we won't be discussing motions. But when you had your financial obligation to repay your mortgage discharged, this did not affect the collateral the bank has on your property. Meaning that the bank still must go through the entire foreclosure process. This does not mean that you'll have to pay all these fees, but it will take going back to bankruptcy court to deal with it. I would contact your bankruptcy lawyer and have him or her reopen the case, put these new fees and and argue that the new fees are part of the original mortgage that was discharged in the primary reason for initially filing your bankruptcy in the first place. Many judges will accept this argument as it is really part of the same debt. But be well aware that this is not an automatic thing and the judge need not accept the argument and you may spend all this money for nothing. You may want to figure out if paying off the debt would be better than taking the risk in paying an attorney to reopen the case and file said motions, the choice really is up to you. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob