Is there a time limit for foreclosing a home under chapter 7? 12 Answers as of December 16, 2014

My Chapter 7 has been discharged since 2009. The mortgage company did not try to reaffirm, they keep transferring the loan and continue to call and send monthly bills. Is there a time limit for foreclosing on this home?

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Stephens Gourley & Bywater | David A. Stephens
In Nevada there is no time limit except the statute of limitations.
Answer Applies to: Nevada
Replied: 12/16/2014
EDWARD P RUSSELL | EDWARD P RUSSELL
There is no time limit for the bank to foreclose. The bank still has a lien on the house.
Answer Applies to: Minnesota
Replied: 12/15/2014
Ronald K. Nims LLC | Ronald K. Nims
Filing a Chapter 7 doesn't impose any statute of limitations on filing a foreclosure on property.
Answer Applies to: Ohio
Replied: 12/15/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
No, they can start foreclosure when they are ready.
Answer Applies to: New York
Replied: 12/15/2014
The Troglin Firm | William M. Troglin
This is a very real problem created by the Real Estate Market crash and the Mortgage Crises that started in 2008. If you DID NOT sign a reaffirmation agreement with your mortgage lender, while the case was open, then you have no personal liability on the mortgage loan. However, as long as the property title is in your name, you are absolutely liable under all county ordinances and any state laws concerning the property. Lenders can and do sell real estate loans that are secured by these properties but a lender in the line of ownership of these notes CANNOT SEND YOU MONTHLY BILLS because of the Bankruptcy Discharge which cancels your liability. If the lender has not foreclosed on a property discharged in 2009, my presumption is the lender has abandoned the property. You need to get with your attorney and the lender needs to be contacted to see what their intentions are.
Answer Applies to: Georgia
Replied: 12/15/2014
    R. Steven Chambers PLLC | R. Steven Chambers PLLC
    As long as the loan is outstanding it can be foreclosed. However, if they are calling and demanding payment or sending demand letters that is a violation of the discharge stay and you can take action for that.
    Answer Applies to: Utah
    Replied: 12/15/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    No, you don't get a free house because your mortgage company is slow about processing a foreclosure.
    Answer Applies to: Nevada
    Replied: 12/15/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    The bankruptcy has nothing to do with a current foreclosure, except that the lender may not get a "deficiency" judgement. They can not sue you for the difference you owed and what it sold for after or at a foreclosure sale. Forclosure laws vary by state. For the specifics on that you need to ask local counsel.
    Answer Applies to: California
    Replied: 12/15/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    No. There is no time limit to foreclose. It is entirely up to the creditor. If you received your discharge, you have no personal liability for the loan. The only remedy for the creditor is to foreclose. However, should they start foreclosure proceedings, you will want to make sure that you find a new place to live (if you are renting) prior to any action to remove you from the property. Also, you should maintain insurance on the property as long as you are on title and, if you have an HOA, you should continue to make your HOA assessment payments until you are no longer on title.
    Answer Applies to: California
    Replied: 12/15/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    No there is not a limit to foreclosing. I suggest that you short sell your home.
    Answer Applies to: Nevada
    Replied: 12/15/2014
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The limitations period for suing on a debt is set by state law. In Wisconsin it is generally six years, but every new payment, or every acknowledgement of the existence of the loan, starts the period anew. In any event, even if your obligation to pay has been discharged, the mortgage remains in effect, so you have to keep paying to prevent the mortgage lender from having a legal reason to foreclose. If you are ready to give up the house, and are just waiting for the creditor to act, that's a different matter altogether. Did your lawyer neglect to seek a reaffirmation agreement from the creditor? If you wanted to keep the home, the lawyer should have taken some such action. But in any event you seem to have had five more years in the house. If you are keeping up on payments, the creditor would not have any reason to foreclose. If you are not making payments, you're getting a bit of a bargain.
    Answer Applies to: Wisconsin
    Replied: 12/15/2014
    Richard West Law Office
    Richard West Law Office | Richard West
    No, there is no time specifically prescribed by law. In fact, the mortgage company may elect not to foreclose at all. This happens more and more frequently these days.
    Answer Applies to: Ohio
    Replied: 12/15/2014
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