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Foreclosure after Chapter 7 Discharge

Posted on: 18th Jan, 2009 10:44 am
My husband and I filed for bankruptcy in September 08 after I lost my job. We did this to eliminate our unsecured debt and free up the cash to continue to make our house payments. Our attorney petitioned Citi Mortgage to reaffirm our mortgage. Our bk was discharged in December and I pulled our credit report to see that the mortgage account has been closed with a zero balance and was included in our discharge. Citi has told us that we can reaffirm IF the judge reopens the case and we were told by our attorney that he will not. We can continue to live here and make payments but they will not be reported. If we are essentially "renting" our home now, we can rent something much nicer for far less (we bought at the height of the bubble in 2007 and our house is not worth almost $50K less than our mortage is for). My question is this...if we walk away can the mortgage company report a foreclosure on a loan that was already discharged? Should we do a DIL - do we even have to do that since the mortgage was discharged. We were told by our attorney that we should act quickly if we are going to give up the house so it is seen as one hit. Any help would be greatly appreciated. Thanks.
We filed chap 7 in 2011. The mortgage was paid off by FHA. Now BOA original mortgage holder sold the note to another servicer even though it was discharged. We stopped making payments when we filed the BK at the advice of our attorney. We have moved thinking BOA would foreclose. They sold the note to another servicer. Now what? Do we have to pay them?
Posted on: 31st Aug, 2013 04:17 pm
Hi Jan,

if you have already surrendered the property to the lender after the bankruptcy filing was discharged and moved out of the property, then you won't have to worry about it. You will not be liable for the payments any more.

Thanks
Posted on: 01st Sep, 2013 10:51 pm
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