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Foreclosure procedure after CH7 discharge

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    Foreclosure procedure after CH7 discharge

    I plan on not reaffirming my mortgage and continue to pay. If in the future I cannot afford the home, does the lender have to abide by the same set of procedures and timelines in a normal Foreclosure. Or do the rules change becuase the debt has been discharged?

    For example in California it takes approx. 6-9 mos from when you miss your first payment. Can they foreclose after 30 days if I have been thru a BK?

    Thanks for your help. I am so glad I found this forum. What a blessing.

    #2
    They still have to go thru the process.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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      #3
      Just depends on where you are at in the foreclosure process when you file BK.

      If there is already a sale date, generally, they will just reset that date for the next round.

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        #4
        We were discharged two years ago and have been making the payments on our first. Just stopped making payments on the second with Wells Fargo. We owe 341K on the first and 71K on the 2nd. House is worth maybe 275K. Hoping to settle with Wells Fargo for 10% of balance and just keep the first. But I am glad that I didn't reaffirm and can walk at anytime if needed.
        Filed 11/2007 Ch.7
        Discharge 2/2008

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