Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
If the mortgage was reaffirmed by you during bankruptcy proceedings, you remain personally liable on the debt and the mortgage company can foreclose on the house if payments are now past due. Even if the debt was discharged by the court and you are no longer personally liable, the mortgage company usually has a lien filed on the house with the county clerk/recorder and can foreclose on it unless the court had ordered the removal of the lien.
Answer Applies to: Texas
GARCIA & GONZALES, P.C. | Richard N. Gonzales
No. But something seems wrong. Contact your original attorney. If that's not possible for whatever reason, pay an experienced BK lawyer to look at your file. Get a complete copy of your entire Bankruptcy file when meeting with the attorney. This will make the meeting as productive as possible.
Answer Applies to: Colorado
Cameron Totten | Cameron Totten
They might be. If the money from the second mortgage was not used to purchase the property, the lender can still hold you personally liable for the debt even their lien was extinguished as a result of the foreclosure. However, if the debt was incurred prior to filing bankruptcy and you received a discharge, the lender cannot come after you for it as it would be a violation of the discharge order.
Answer Applies to: California
Idaho Bankruptcy Law | Paul Ross
Contact your bankruptcy attorney. If you received a discharge in the Chapter 7, the bank cannot hold you accountable for those debts. However, there are some legal notices that are required to be served on the owners despite a bankruptcy, make sure these are not those noticing documents.
Answer Applies to: Idaho
A Fresh Start | Dorothy G Bunce
Serving you papers is an awfully vague description. In legal matters, the devil is in the details. Bankruptcy does not provide for surrender of property, it only provides for an "intent to surrender" which is about as meaningful as a kid's intent to be good for Santa Claus. If you want accurate answers, you need to provide details, but I can guarantee you that you did not actually surrender anything in your bankruptcy. State laws, not bankruptcy laws, control the way title to property is transferred.
Answer Applies to: Nevada
Heineman Law Office | Jeff Heineman
Since you filed a Chapter 7, and assuming neither creditor avoided the discharge of its debt, then neither can sue you. Also, what kind of papers is the mortgage company serving you? Is a lawsuit or is it a foreclosure notice?
Answer Applies to: Idaho