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Foreclosure AFTER Ch. 13/7 Discharge

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    Foreclosure AFTER Ch. 13/7 Discharge

    Discharged Ch13-7 several years ago, Home in foreclosure now, can the bank come for deficiency after Foreclosure?

    #2
    Was the debt discharged in the Chapter 7? If so, then there is no recourse for the bank to come after you. If you reaffirmed then you are back on the hook.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Discharged un CH7 during conversion, Never Reaffirmed.

      Comment


        #4
        Then you should be fine.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          So you were able to live there 7 years and not pay the mortgage? With the price of rentals, I wonder if you could now file a chapter 13 and save your home? Maybe get a modification?

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            #6
            I was current all these years then 2022 my wife lost her job and we took out money from 401k to stay afloat. Ended up owing alot in taxes because of it and had to pay taxes monthly until current (now) but had to forgo mortgage and started filling out paperwork for modification a few months ago (not eligible for forbearance etc.) and now received letter stating we are not eligible for modification etc. Going to file an answer to foreclosure proceedings to try and buy some time and more than likely file BK13 in a few months to save home, if not then we move and they can go F themselves when they come after us with deficiency etc. Thank god for that!

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              #7
              Try working something out with the mortgage company before confirming a chapter 13 plan for 36-60 months.

              Comment

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