Ask Experts Questions for FREE Help !
Ask
    hlpilot's Avatar
    hlpilot Posts: 3, Reputation: 1
    New Member
    		  
    #1

    Sep 26, 2009, 12:57 PM
    How do I writes a ltter to forecloser court to stop it now that I filed chapter 7
    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.
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
    Uber Member
    		  
    #2

    Sep 26, 2009, 03:38 PM
    Hi, hlpilot!

    Do you have an attorney representing you in this matter?

    Thanks!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #3

    Sep 26, 2009, 04:40 PM

    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
    MsMewiththat's Avatar
    MsMewiththat Posts: 854, Reputation: 136
    Senior Member
    		  
    #4

    Sep 26, 2009, 04:58 PM

    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.
    hlpilot's Avatar
    hlpilot Posts: 3, Reputation: 1
    New Member
    		  
    #5

    Sep 27, 2009, 08:12 AM
    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.
    hlpilot's Avatar
    hlpilot Posts: 3, Reputation: 1
    New Member
    		  
    #6

    Sep 27, 2009, 08:15 AM
    Quote Originally Posted by hlpilot View Post
    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.
    By the way I am located in west central Florida
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Filed chapter 7 how do I continue making my monthly mortgage payments [ 2 Answers ]

Hi , I filed chapter 7 now the bank won't take my mortgage payment, they told me pay it through the bankruptcy courts. What do I do?

I filed Chapter 7 in 2004 and can hardly make ends meet! What to do? [ 4 Answers ]

Hello- I filed chapter 7 in June of 2004 on medical bills that were turned over to collects. However, here I am today a full time student (trying to better myself), single mom and have a credit card company that took all the money out of my bank account yesterday. I hva not charged on the account...

Owner has filed Chapter 7 Bankruptcy while we are in a Lease Purchase Agreement? [ 2 Answers ]

My husband and I went into a lease purchase agreement with a homeowner several months ago, and a couple of days ago received papers that he has filed for Chapter 7 Bankruptcy. We don't want to move, our intentions are to buy the home. What should be our next step? Should we go to the meeting of...

I recently filed chapter 13 including my house. Can I sell it? [ 3 Answers ]

I recently filed Chapter 13 including my home. My wife and I are separating and I need to sell the house. Can I do this?

View more questions Search