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deficiency balance in ch 7 bk

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    deficiency balance in ch 7 bk

    Just another quick question..
    With my house being foreclosed, I am CERTAIN there will be a substantial deficiency amount owed (I am in NY state). Should I wait to file my chap 7 to include this amount, or will it automatically be covered if I file in the next month or so??
    Also..I was planning on surrendering the house in my BK. Is it still an option to 'surrender' if foreclosure is already started? I received notice in November but havent received anything else..such as a sale date, etc.

    thankyou so much!

    #2
    You don't have to wait on foreclosure and a final accounting before you file.Your lawyer will list the debt as secured and state you are surrendering the property.
    A bk filing carries an automatic stay that will stop the foreclosure until the lender files for a relief from stay.

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      #3
      Thankyou, keepmine. I have already moved out of the house. I am curious about the deficiency that the mtg lender will hit me with. I just want to make sure it is covered if I file before the foreclosure process is completed.

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