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Letting a house go via bankruptcy 7

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    Letting a house go via bankruptcy 7

    Hello folks, thanks for all of your help. I am surrendering a house via my chapter 7 bankruptcy. The mortgage is with Countrywide. I checked PACER a few days ago and see that Countrywide put a request to lift the automatic stay. There is also another thing they requested (2 line items are in PACER) and the second item is they hired an attorney to represent them. It appears they are asking the courts to allow them for $800 for filing fees PLUS any attorney fees accrued.

    Does this mean that they want the court to make me pay it? Or are they sort of putting a claim in or setting the course to put a claim in?

    Is this normal practice?

    Thanks you for your great and terrific help.

    #2
    No!!!!!!!!!

    Originally posted by inhocknow View Post
    Hello folks, thanks for all of your help. I am surrendering a house via my chapter 7 bankruptcy. The mortgage is with Countrywide. I checked PACER a few days ago and see that Countrywide put a request to lift the automatic stay. There is also another thing they requested (2 line items are in PACER) and the second item is they hired an attorney to represent them. It appears they are asking the courts to allow them for $800 for filing fees PLUS any attorney fees accrued.

    Does this mean that they want the court to make me pay it? Or are they sort of putting a claim in or setting the course to put a claim in?

    Is this normal practice?

    Thanks you for your great and terrific help.

    IF SET UP CORRECTLY IT IS ALL DISCHARGEBLE. SCOTT

    Comment


      #3
      BA is correct. Any fees that are part of the foreclosure process is the lender's loss. They CAN NOT get this from you. It's added to the debt owed, and of course, is discharged as BA points out.
      Bankruptcy History:
      Chapter 7 filed - 10/12/2005 - Asset
      Discharged - 02/16/2006
      Case Closed - 11/08/2007

      A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

      All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

      Comment


        #4
        Hello, folks, thanks for all of your terrific help,


        These are the documents that showed up in my pacer:

        #1) Notice of Appearance and Request for Notice Filed

        #2) Motion for Relief from Stay with Negative Notice

        #3) Receipt of Filing Fee for Motion for Relief From Stay

        These are the result of Countrywide Mortgage. I am giving up my house during my Chapter 7 bankruptcy and the above three documents, Countrywide filed with the court.

        Is this normal?

        Thanks for your great and fanstastic help.

        Comment


          #5
          In our bankruptcy, we had the same thing with Countrywide, our attorney drafted the response to where we dont owe any fees as long as we were giving up the house. Our bankruptcy has been discharged and closed and they havent said a thing about it. They stay was lifted in November but we havent gotten anything about a sale on the house. We are moving next week, just ready to get on with our lives.

          Comment

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