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    #16
    Originally posted by newbie2 View Post
    The bank can't sue for the difference. The OP is not going to reaffirm their mortgages, and will "pay and stay" as long as they can. If they leave they can walk away without owing the mortgage lenders one dime.
    in the state we were from...they could if you did not list the mortgage in the petition and it would have had to be discharged.

    yes, we could have "pay and stayed"....but not continued to pay and then AFTER discharged go for a foreclosure. we listed a docket number right on the petition...

    but had i KNOWN now what i know...we may have stayed longer...although the high cost of heat was killing us.

    i know in nj...if we had discharged with reaffirming then resulting in a foreclosure we would have been responsible for the monies involved...BUT that's just there and not so in many states.
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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      #17
      Originally posted by Freefinder View Post
      I already had my discharged on CH 7 bankruptcy. I want to get my name off the deed and the bank hasn't even started foreclosure yet. I am trying to do a short sale. Does the 2nd mortgage still have rights to this property in such that I would have to contact them and try to negotiate(send the ss package) with them, or because the debt was discharge, does this only go the the first mortgage, with the second being charged off?
      oh...me too Free...it's just NOT going to happen for US anytime soon...we have done everything we can.

      now actually since the debt was discharged and we have no financially obligation nor HOA due...i'm not caring anymore. we have ran through hoops to get our names off the deed to no avail...including help...or NO help from a government task force...another waste of the stimulus monies for certain.

      now also chase is on hold ...our state was one of the first listed to halt the foreclosures...however, i'm hoping they will get it done already so we can get our names off the deed. and, our atty still says it's simply just does not matter the debt is discharged and our credit report indicated 0 balance IIB.
      8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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        #18
        Originally posted by Freddy03 View Post
        I'm confused - the OP said they were not going to reaffirm the house just stay for 2 years. If they did not re-affirm how can the bank sue for the difference?
        me too!!!!!!!! LOL!!!



        the first mortgage would be in line to get paid.
        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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          #19
          thank you tobie

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            #20
            Originally posted by Freefinder View Post
            thank you tobie


            n/p!
            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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              #21
              Originally posted by tobee43 View Post
              i know in nj...if we had discharged with reaffirming then resulting in a foreclosure we would have been responsible for the monies involved...BUT that's just there and not so in many states.
              Of course that's true. But the OP isn't reaffirming. There is no way they would be responsible to pay the debt 2 years down the road (as they had asked).
              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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                #22
                Originally posted by newbie2 View Post
                Of course that's true. But the OP isn't reaffirming. There is no way they would be responsible to pay the debt 2 years down the road (as they had asked).
                got .it...i think.....
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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                  #23
                  Originally posted by tobee43 View Post
                  got .it...i think.....
                  Reaffirm = owe the debt. Don't reaffirm= don't owe the debt. The OP isn't reaffirming.
                  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.

                  Comment


                    #24
                    Originally posted by newbie2 View Post
                    Reaffirm = owe the debt. Don't reaffirm= don't owe the debt. The OP isn't reaffirming.
                    LOL!!! thanks...i'm a bit brain dead.....apparently...
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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