Can a mortgage company go after a house if filling for bankruptcy cht 13 and not being included?

Arogonz · Joined: 10 Jan 2009 Posts: 1 1.36 Dollars($)

Can a mortgage company go after a house if filling bankruptcy cht 13 and not being included? I bought 6 yrs ago a house with my father. I had a quitclaim deed 5 years ago to remove myself. I'm in the process of bankruptcy chapter 13 in Florida. The house is nowhere included in the bankruptcy nor it shows up in the paperwork as secure property. The mortgage company has hired an attorney and they are treatening foreclosure because supposely they say that the house is automaticly included in the bankruptcy. They say that we owe $1700.00 in escrow shortage, when the escrows on the house are do from April to April of each year and its January. What can I do?

Jessica · Posted: Mon Jan 12, 2009 5:40 am Post subject:

Hi Arogonz,

Welcome to our community forums.

I don't the house is automatically included in bankruptcy chapter 13. Your mortgage company doesn't seem to be guiding you in the right direction. I think you should talk to a Florida bankruptcy attorney and find out how you can deal with the mortgage company and settle this issue. These are legal issues and can be best resolved by an attorney.

As for the escrow shortage, if there isn't any, you need to show the company receipts of payments you've made to the escrow account.

Regards,

Jessica

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