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Am I liable for attorney's fees in a foreclosure?

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    Am I liable for attorney's fees in a foreclosure?

    I did a Chapter 7 in March 2011 and it was discharged in June. It was an asset case and won't be closed until Oct/Nov. One of my debts was a Small Business Loan through a large Bank for about $300k. We put up a $40k piece of property (no house, just an empty lot in a neighborhood) as collateral. When I filed, I knew I would lost this property to the bank, and I'm OK with that.

    Yesterday I received a certified letter from the bank's attorney stating that they were demanding payment for the entire balance owed, including interest up through August2011 (months after I filed my BK) and that if I didn't pay in full, they would begin judicial proceedings on the property that I had for collateral. (I assume that means they are starting the foreclosure proceeding).

    The letter stated that my loan agreement/documents said that if I ever defaulted on the loan, I would be responsible for reasonable attorney's fees, collections, etc. That made me wonder...will I have to pay thousands of dollars for the bank to foreclose on this property? Has anyone had experience with having to pay these fees after a foreclosure? I assume that since I included the loan in the BK, that any associated fees would also not be my responsibility, but maybe I'm wrong since that's what the loan documents that I signed at closing stated?

    Thanks!

    #2
    Send them a letter certified. They are breaking the injunction given you by your discharge. You pay nothing. That was a discharged debt. They got the land, they have to do whatever they wish, except they are no longer able to contact you about this item. You can also bring this to the Courts attention and get them sanctioned. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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      #3
      When Creditors Harass After the Discharge Order

      After you receive your Bankruptcy Discharge and your case is done, the automatic stay is removed. You do not need it anymore, because you are protected by your Discharge Order. The Discharge Order is a powerful federal court order that says all the creditors discharged in your bankruptcy may never contact you ever again to try to collect on those debts. The creditors have to remove themselves from your credit report, stop pulling your credit report (an impermissible pull), and never contact you about the debt. But I’m sure you can guess… it is quite common that they do it anyway!


      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment

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