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foreclosure can continue after chp 7?

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    foreclosure can continue after chp 7?

    My wife and I filed chapter 7 and had to let our home go. National City Mortgage filed for the automatic stay to be lifted. My attorney said this was normal and not to worry. The stay was lifted and they proceeded with foreclosure. My attorney then sent them a letter saying to stop all legal proceedings against us.

    The paralegal who is helping us said they couldnt make us pay anything and not to worry.

    My question is this - Can they continue to foreclose on us - and take our house to a sherrifs sale - all after we have filed chapter 7? What are the ways this might play out?

    #2
    If the judge granted the lifting of the stay, then yes, the mortgage company can continue to foreclose and auction the house at the sherrif's sale.

    If your letting the home go anyway, what is the problem?

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      #3
      I was just worried about them being able to make me pay the difference if it sells for less than I owe.

      I felt like if I let it go back to them that they couldn't sell it as if it were still 'mine' - now it would be theirs again and in thier name. So even if it is placed for sale in my name, (probably after discharge) as seized from me I still don't have to pay?

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