Are they within their rights to serve me after I surrendered my house with a first and second mortgage? 14 Answers as of April 15, 2014

It was originally a chapter 13 that changed to a chapter 7 once I lost my job. The mortgage company is now serving me papers 4 years later.

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EDWARD P RUSSELL | EDWARD P RUSSELL
Assuming that you received a discharge in the Ch 7 then all the debts are discharged including mortgages.
Answer Applies to: Minnesota
Replied: 4/15/2014
Law Office of Pho Ethan Tran PLLC
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
Replied: 4/14/2014
Stephens Gourley & Bywater | David A. Stephens
That depends on why they are serving you. If they are serving to complete foreclosure they can do that. If they are serving you to collect money, they cannot if you were discharged.
Answer Applies to: Nevada
Replied: 4/11/2014
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
I assume you are talking foreclosure papers. They have to do this. They can't try to collect the debt but there are certain steps they have to take to take the house.
Answer Applies to: Michigan
Replied: 4/11/2014
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
I would suggest you talk with your bankruptcy lawyer as he or she would know the answer for your particular fact situation.
Answer Applies to: Georgia
Replied: 4/10/2014
    GARCIA & GONZALES, P.C.
    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
    Replied: 4/10/2014
    Law Offices of Linda Rose Fessler | Linda Fessler
    Unless you reaffirmed the loan, you can report them for a violation of the bankruptcy law.
    Answer Applies to: California
    Replied: 4/10/2014
    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
    Replied: 4/10/2014
    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
    Replied: 4/10/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    If they did not foreclose, they have the right to do that now.
    Answer Applies to: California
    Replied: 4/10/2014
    A Fresh Start
    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
    Replied: 4/10/2014
    Heineman Law Office
    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
    Replied: 4/10/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    While you may no longer be personally obligated to pay the Mtg due to your presumed discharge, yes, they can still foreclose on the Property but not seek a Judgment against you personally.
    Answer Applies to: New Jersey
    Replied: 4/10/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, they have the right to foreclose still .
    Answer Applies to: New York
    Replied: 4/10/2014
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