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Foreclosure vs Discharge

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    Foreclosure vs Discharge

    If worst-case scneario happens for some reason your lender files for and receives a lift from stay in order to forclose (for whatever the reason) and they do end up forclosing, are you responsible for any deficiency balance, or is that wiped out when you are discharged?

    Also, in this scenario does the foreclosure appear on your credit as just that, or is part of your BK and thus will show as being IIB or something similar)? I guess I am asking in terms of FHA guidelines, where they say you can qualify 2 years after a Ch 7 but 3 years after a foreclosure

    Thanks
    Last edited by seanf12; 04-08-2008, 04:16 AM.

    #2
    Originally posted by seanf12 View Post
    If worst-case scneario happens for some reason your lender files for and receives a lift from stay in order to forclose (for whatever the reason) and they do end up forclosing, are you responsible for any deficiency balance, or is that wiped out when you are discharged?
    If you do NOT reaffirm, then the deficiency balance is wiped out when the mortgage company forecloses whether it's before or after discharge and closing.

    Hopefully someone else will have an answer for your second question.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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