when a bank forcloses on a house that you walk away from, do you have to go to a separate forclosure court hearing at your local county court? or is it taken care of by the 341 meeting?
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"it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane] -
nobody?"it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane] -
They are two separate actions. If you have surrendered the house in BK, you really just let the bank foreclose afterward (after your discharge - or after the stay is lifted). Are you still IN the house?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..Comment
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yep, im current on my payment for the moment... i live in a small town and dont want to be seen at the court house on a civil case...
i didnt know weather you had to actually appear in person or not... im hoping it is something that can happen without my physical presence..."it looks like i picked a bad day to give up sniffing glue"! [McKroskey, airplane]Comment
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If you are filing, just do as HHM said in another recent thread around here - check off the box that says surrender for the house in your filing. Naturally you have to physically go to your 341 meeting with the trustee, but that is not in the same building as the civil proceedings (typically).
If you are surrendering your house, you can stop making the payments. My last payment was May 2008. I expect to remain in this house that I am surrendering until approx March 2009 or so - maybe even longer. My attorney said about 9-12 months is what it is taking now for foreclosure, possibly longer.
Once the debt is discharged you don't have to appear in court for the foreclosure action.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..Comment
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If you let it get in arrears eventually they will sue you sell the home and it will most likely have a deficiency balance that you owe.
You would want to file BK prior to getting a judgement if possible to protect your banking account from being seized if it came down to that.Comment
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Yes, but the BK that we have filed gets rid of the deficiency balance as all personal liability associated with the debt is discharged.Originally posted by kenshirley View PostFiled 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..Comment
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