What can I do regarding foreclosure hearings after Chapter 7 bankruptcy? 14 Answers as of April 29, 2011

Listed as secured debt on my Chapter 7 BK discharged 3 years ago, I could no longer afford to stay in my home. I did not reaffirm my mortgage. I notified CitiMortgage and Bank of America that I was leaving the home. Served foreclosure papers over a month ago. The original BK attorney told me they can't come after me for any monies owed on the mortgages. Both mortgage companies send an "informational" statement monthly and both mortgages are now off of my credit report as "discharged". Must I hire an attorney to represent me as far as foreclosure proceedings?

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
No, you do not need to hire an attorney for the foreclosure. The lenders have the right to pursue foreclosure to get title to the property, but they cannot come after you for any money on those loans since you did not reaffirm the debts.
Answer Applies to: California
Replied: 4/29/2011
Bankruptcy Law Office of Robert Weed
Bankruptcy Law Office of Robert Weed | Robert Weed
Your lawyer is right. They can foreclose the house it looks like you want that, but they cannot come after you for any money.
Answer Applies to: Virginia
Replied: 4/19/2011
Cohen & Kendziorra, P.A.
Cohen & Kendziorra, P.A. | Robert S. Cohen
No, you do not need to attend the hearing. The note was included in your bankruptcy and the note and any personal liability was discharged in your bankruptcy, the mortgage was not and the bank has a legal right to pursue its right to foreclose on your property and get the title back from you which is what they are doing. As long as you never signed a reaffirmation agreement, then you are protected.
Answer Applies to: Florida
Replied: 3/16/2011
Law Office of David P. Farrell
Law Office of David P. Farrell | David Farrell
While your personal liability on the mortgages may have been discharged, it sounds like the lender has not yet foreclosed and you are still the owner of the property, which is why you continue to receive correspondence and notice from your lender(s). On the facts you represented, it probably isn't necessary for you to hire a lawyer at this point to represent you. However, if you have additional questions or there are additional facts, consult with an experienced attorney about your situation.
Answer Applies to: California
Replied: 3/15/2011
Carballo Law Offices
Carballo Law Offices | Tony E. Carballo
If your lawyer told you that the bank cannot come after you for the mortgage deficiency then why would you care about the foreclosure? Let them foreclose. The sooner the better. It is just a formality that you must be served with the notice of trustee's sale (I am assuming you are in California). If so, then let them proceed to take the property back. What would a lawyer have to do for you? Unless you want to oppose the foreclosure then there is nothing you need to do.
Answer Applies to: California
Replied: 3/15/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    If you are content to have your lenders foreclose on your home, there is no need to hire an attorney to oppose or delay the foreclosure.
    Answer Applies to: California
    Replied: 3/15/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    For what purpose? Are you trying to stop the foreclosure? If so, your only option would be to file a Chapter 13 case to catch up on the arrearages. If not, then no you don't need to do anything because the underlying debt was already discharged.
    Answer Applies to: California
    Replied: 3/15/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Talk to your bankruptcy lawyer. They can probably handle it for you. All information and responses to this question are not to be deemed as legal advice, nor does it create an attorney client relationship. You should consult with an attorney who can discuss the facts of your case in greater detail and provide you with legal counsel.
    Answer Applies to: Alabama
    Replied: 3/14/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    I do not know what state you are in, but no you do not need a lawyer for the foreclosure.
    Answer Applies to: California
    Replied: 3/14/2011
    Mankus & Marchan, LTD
    Mankus & Marchan, LTD | Tony Mankus
    Based on the facts you stated, you need not hire an attorney to represent you in the foreclosure proceedings. The banks have to get legal title to your property before they can sell it and foreclosure is the way to do that. You have been absolved of any debt related to the property in bankruptcy and need not attend the hearings.
    Answer Applies to: Illinois
    Replied: 3/14/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    No, once it is discharged your responsibility and obligation is over. The foreclosure will occur without any need for action on your part.
    Answer Applies to: New Hampshire
    Replied: 3/14/2011
    The Law offices of Cheryl L. Sommers
    The Law offices of Cheryl L. Sommers | Cheryl L. Sommers
    No but the banks do still need to keep you updated.I'm not sure why it took so long to foreclose unless you have been making payments after bankruptcy but if you didn't reaffirm the debt you should be okay. Is the mortgage recourse or non-recourse debt? (In other words, did you refinance the property? And if so, did you pull money out as well?)
    Answer Applies to: California
    Replied: 3/14/2011
    Gus Johnson Attorney at Law
    Gus Johnson Attorney at Law | Gus Johnson
    You shouldn't need to do anything.
    Answer Applies to: South Dakota
    Replied: 3/14/2011
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