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    House

    When I filed, I was current on my mortgage. My brother lives with me and he lost his job and I could no longer keep up with the payments, so the mortgage is now 3 months behind. I had my 341 on Thursday and when asked if the mortgage was current I answered "no".

    On the 341 report from my 341, it says "Assets Abandoned(without deducting any secured claims): $ XXXXXX, Assets Exempt: $ XXXXX, Claims Scheduled: $ XXXXX, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment(without deducting the value of collateral or debts excepted from discharge): $ XXXXXX." ---- The claims scheduled to be discharged without payment includes the amount of the house.

    I don't intend to keep the house, in fact the sooner I get rid of it the better. Does this report mean that Wells Fargo can have it back? Foreclosure? I'm so confused.
    Atty on retainer - 04/13
    Filed - 04/28
    341 - 06/24
    DISCHARGE - 08/25/10

    #2
    Originally posted by Missa310 View Post
    When I filed, I was current on my mortgage. My brother lives with me and he lost his job and I could no longer keep up with the payments, so the mortgage is now 3 months behind. I had my 341 on Thursday and when asked if the mortgage was current I answered "no".

    On the 341 report from my 341, it says "Assets Abandoned(without deducting any secured claims): $ XXXXXX, Assets Exempt: $ XXXXX, Claims Scheduled: $ XXXXX, Claims Asserted: Not Applicable, Claims scheduled to be discharged without payment(without deducting the value of collateral or debts excepted from discharge): $ XXXXXX." ---- The claims scheduled to be discharged without payment includes the amount of the house.

    I don't intend to keep the house, in fact the sooner I get rid of it the better. Does this report mean that Wells Fargo can have it back? Foreclosure? I'm so confused.
    Yes. Wells Fargo is now free to proceed with foreclosure.
    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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