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house in foreclosure defeciancy unsecured question

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    house in foreclosure defeciancy unsecured question

    In ch 13 (unconfirmed) surrendered house. 2 short sale offers put in in which both were rejected because they were not enough for lender. Sale should be July 3rd. Both lenders filed secured claims on house. After sale, it is my understanding that any deficiancy balance could/would become "unsecured" debt. The last day to file unsecured claim is June 9th.

    After the lenders sell house, do they have to refile an unsecured claim or can they amend the secured claim?
    Filed: Feb 15, 2007
    Confirmed: Sept 20, 2007
    21 months down
    39 months to go

    #2
    I don't know the specific mechanics of how they put in their claim (and that assumes that the lender is entitled to a deficiency balance in the first place; some states do not allow deficiency balances), but if the root of your question is, "Will the banks be able to submit a claim for the unsecured deficiency balance", the answer is YES, regardless of deadlines and whatnot.

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