I filed chapter 7 bankruptcy last week and received a notice of LIS PENDENS yesterday. I need to respond in writing and was wonder if there is a form or format I should follow. Also I contacted the mortgage company about reworking the debt and I was told I would need to rework my income to debt ratio to qualify( which wasn't completely true according to government relief guidelines) so they filed forecloser anyway. Yes I am behind in payments.

Hi, hlpilot!

Do you have an attorney representing you in this matter?

Thanks!

Why should filing a chapter 7 stop the foreclosure if you did not include it in the bankrutpcy to be sold to settle the debts.

The attorney doing the bankruptcy should also be hleping you. Also the mortgage company is notified when you file bankruptcy though thecourt

I think the only way to stop foreclosure through bankruptcy is by filing chapter 13, which is what puts your past debts on a payment plan that your creidtors agree to. I think Fr. Chuck is correct when he states that chaoter 7 will not stop your foreclosure. However, your attorney should be advising you and your creditors. Contact your bankruptcy attorney there may be time to convert to a 13.

No I do not have an attorney. Chapter 7 would not stop forecloser but it will delay it. I need to clear the unsecured debts to able to qualify under the government assistance mortgage plan. At least according to Citi mortgage. Than I will go after the second mortgage with a chapter 13. The house is valued 20,000 below the balance on the first.

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Originally Posted by hlpilot

No I do not have an attorney. Chapter 7 would not stop forecloser but it will delay it. I need to clear the unsecured debts to able to qualify under the government assistance mortgage plan. At least according to Citi mortgage. Than I will go after the second mortgage with a chapter 13. The house is valued 20,000 below the balance on the first.

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By the way I am located in west central Florida