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Chap 7 Discharged!!! but still have a few questions.

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    Chap 7 Discharged!!! but still have a few questions.

    I just received my discharge on 1/12 and came across this site. It was not a pretty one. Quite a bit of credit cards and my home was included. I am not looking to keep the house since I can not afford it. We got a relief from stay. The realtor is trying to sell it as a short sale. Is there anything that the bank can do now that BK is discharged? Can they come after me for anything? or no? just wanted to make sure. Thank you

    #2
    I have pretty much the same thing going on and am very curious on what the mortgage company can do after the BK. Anyone got something?

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      #3
      Your debt (the note) was discharged by the bankruptcy. No need to worry any further that you are liable for the debt.

      The mortgage (the lien on the home) is still intact, so the bank can take it back if you don't pay them. It sounds like you are surrendering your home. Don't worry about owing them anything - you don't.
      Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
      I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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        #4
        OK so even if the bank sells it for a loss then I will not responsible for the difference since it was listed in BK.

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          #5
          I'm in the same situation but depending on who your lender is (mine is BOA), good luck in getting them to take the home back. I've been trying for awhile now - even had an attorney send a request for Deed in Lieu - absolutely nothing. My Ch. 7 is in process - I called them to let them know that. Still no movement. I think it will take awhile.
          Filed Chapter 7 pro se: 1/27/10
          341 scheduled for: 2/25/10
          Last day for objections: 4/26/10
          Discharged! - 5/3/10

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            #6
            Originally posted by alldone29 View Post
            OK so even if the bank sells it for a loss then I will not responsible for the difference since it was listed in BK.
            As long as you didn't sign a reaffirmation agreement, you are not responsible for any deficiency balance.

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