QUESTION

What do I do if I haven't been able to catch up and it's been over 4 months but they haven't filed any actions against me?

Asked on May 20th, 2015 on Bankruptcy - New Jersey
More details to this question:
I have a home that I live in while filing a Chapter 7 bankruptcy. I never re-affirmed the debt. I started falling behind in payments while in the 7 but managed to go ahead and discharge. Can you tell me why that is? Not knowing is scaring me more than receiving a foreclosure notice. They will still accept any payment would send, but not one letter or anything of warning.
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5 ANSWERS

Since you did not reaffirm this debt in your BK, you will not be liable for any deficiency. You may still be liable for any HOA's dues after the date of filing. I would pay and meet with an experienced real estate lawyer to educate yourself on the foreclosure process. Good luck!
Answered on May 28th, 2015 at 2:42 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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The reason that you're not receiving any warnings or letters is that it's prohibited for your creditors to contact you about your discharged debts. Your mortgage company already has a write off on your mortgage, they're not interested in getting socked with a penalty from the bankruptcy court for harassing you. It's company policy that some lenders won't even respond to your questions? There is no law that forces the lender to foreclose on your property. And quite often they never do. Particularly when the house is underwater. If they foreclosure and don't sell it, then they are liable for taxes, maintaining the property, lawsuits and other issues with vacant houses. If they wait 8 years (in Ohio, different in other states), the house is yours free and clear - provided you pay the taxes. Of course, they could come back and foreclose at any time for those 8 years. Look at it this way, paying the taxes is really cheap rent and you have a chance of getting the house without paying the mortgage. A pretty good deal all around.
Answered on May 27th, 2015 at 4:00 PM

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Not every lender forecloses at the first opportunity. There are several possible reasons: perhaps the most likely in your case is simply that when the got notice of the bankruptcy they put a hold on collection, and have not gotten around to reviewing the situation. But they probably will. Another possibility is that they don't see any merit in rushing a foreclosure, which is fairly costly for a bank: in particular because they have to give you at least a six-months redemption period if you are still living in the house. Here's a tip: you can probably remain in the house under any circumstances for 6-10 months, at least if you are in Wisconsin. Use that time to deposit in a savings account all the money you are not paying the bank. Then when you finally must leave, you will have a it of a nest egg to do with as you please including paying months in advance on your lease, which can make it easier to rent a property. Good Luck.
Answered on May 26th, 2015 at 12:15 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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I would love to understand your goal. If you want to keep the house, you may want to apply for a modification of your mortgage. If the mortgage payment is no longer realistic for you, may be a good time to call in a realtor. The longer you wait to act, the worse this situation will become.
Answered on May 26th, 2015 at 12:06 PM

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Bankruptcy Law Attorney serving Livingston, NJ
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If you re not reaffirming the Mtg, why are you paying? Are you surrendering the Property? If so, stop paying and start looking for a new place. You have no legal obligation to pay the Mtg, if you have surrendered the Property. Please speak with your counsel.
Answered on May 26th, 2015 at 8:54 AM

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