Check out some similar questions!

Bran0003 · Feb 27, 2008, 10:46 PM

I have read several different Q/A's but I still need help. Here is a bit about the situation.
We have filed Chapter 7 Bankruptcy, it was finalized/discharged as of 10/07 of all debt.
We also have a house that we are letting go. I understand that since this is real property that we can't keep it. The house is approx worth $235,000. I have a 1st and 2nd on it, 1st approx $305,000 and 2nd approx $75,000. My last payment on either was in June 07. We have since moved out of the house.
The house is currently in foreclosure and will be on the auction block in March 08. Our understanding is that once it goes to foreclosure we and to the auction we don't have to pay for anything. But from what I have read on here that we are to pay for part.
I received a call from my 2nd mortgage stating that we are still responible for paying. Can you please help me understand this situation.
Thank you

George_1950 · Feb 28, 2008, 02:08 PM

You should have received a discharge from the first and second mortgages and owe them nothing. Was your second mortgage listed as a creditor? Did it receive a copy of the bankruptcy notice? If so, it is my understanding that it is violating the automatic stay and permanent injunction from attempting to collect the debt from you. Contact your lawyer about this.

Bran0003 · Feb 29, 2008, 01:53 PM

Thank you very much, and I had contacted my laywers office and they stated that if I did surrender the house at the time of bankruptcy, then they can't go after me. In which I did surrender the house at that time. The mortgage company will need to contact my laywers office.
The 1st mortgage is the one that has contacted me via mail that they are forclosing and the auction stuff. The 2nd has made an attempt to forclose, in my opinion is trying to sucker me into paying.

Once again
Thank you :)