QUESTION
Is it possible for the previous loan owner to take us to court and have the case reopened after refinancing?
Asked on Aug 30th, 2012 on Bankruptcy - New York
More details to this question:
My husband and I did a Chapter 7 over three years ago. We did not include our home. We kept paying for it and I was never late on payment. We have refinanced for lower interest with another company.
8 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No.
Answered on May 28th, 2013 at 9:10 PM
William C. Gosnell
No.
Answered on May 22nd, 2013 at 4:17 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Is something happening now? If so, what is happening. If not, why worry.
Answered on Sep 10th, 2012 at 1:04 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It depends on the claim. See an attorney with details.
Answered on Sep 05th, 2012 at 3:58 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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I am confused by your questions. I will do my best to help. First - you swore under oath that you listed 100% of all your debts and assets. That should have included your home loans. Second - a refinance after the bankruptcy is a new contract. You are required to comply with new contracts, otherwise the creditor has a right to pursue their legal remedies. Third - depending on the state where you live there may be some protection as far as a foreclosure. Check with an attorney in your state regarding anti-deficiency laws. I hope this helps.
Answered on Sep 05th, 2012 at 3:56 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Your question doesn't give any indication why you think the creditor could or would do this. As a rule, once the bankruptcy is over the creditors are forever barred from doing anything about it as long as they had notice of the filing.
Answered on Sep 05th, 2012 at 3:55 PM
Real Estate Attorney serving New Port Richey, FL
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Jay W. Moreland, P.A.
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Yes, it is possible. You can sue anyone for anything. That doesn't mean that every lawsuit filed will win. If you refinanced and got a new loan to pay off the old one, there should be no debt left. It may be possible that the previous loan was not paid for some reason Including a mistake. If that is what happened, you may have a claim against the person who closed the refinanced loan. The bankruptcy may have discharged the original mortgage, check with your bankruptcy attorney to confirm that. The lien on the home should have survived the bankruptcy, so if the mortgage was not paid off for any reason, the original lender can still foreclose to get the home back.
Answered on Sep 05th, 2012 at 3:55 PM
Bankruptcy & Debt Attorney serving Syracuse, NY
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Theodore Lyons Araujo
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The home loan and property was listed in your bankruptcy, or should have been. If you filed Chapter 7 and there was no reaffirmation agreement the loan was discharged. If you are current with your payments, never late, etc., then they cannot foreclose. If you are late the lender has the same right to foreclose, but there should be no personal liability for a deficiency judgment IF you DID NOT sign a reaffirmation agreement.
Answered on Sep 05th, 2012 at 3:54 PM