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Hearing for Summary Judgment post discharge

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    Hearing for Summary Judgment post discharge

    Hi everyone! Happy Holidays (or bah humbug depending on your current bk status :p ). I'm 6 months post chapter 7 discharge. I gave up my condos in the bk. I received hearing notices from my 2 mortgage companies:

    Notice of Hearing: Motion for Final Judgment of Foreclosure
    and I think both are trying to argue for legal fees too bc they include a summary of legal fees.

    1) Anyone know what this is about?..should I be worried? Maybe they don't know about my bk discharge?

    2) Should I bring anything?

    3) If it is just a routine thing that is done pre-foreclosure (Im in Florida by the way), do I even need to go?

    Thank you all so much for your info in advance! I've been freaking out about this.

    #2
    clarification

    From one mortgage company it says Hearing for Motion for Summary Judgment of Foreclosure w/ a list of legal fees

    and from the 2nd mortgage company it says Hearing for Motion for Summary Judgment Including a Hearing to Tax Attorney's Fees and Costs..not sure if thats really different

    Also, anyone have a Valium I can borrow? LOL jk :p

    Comment


      #3
      If you BK'd them and they were part of your Chapter 7 Bankruptcy, you need to do nothing.

      Regarding the fees... they just get tacked on to the balance of the loan. Since you BK'd the debt, they can't get anything from you, but procedurally, they need to do this in order to write it off.

      Yes, it's just a Lis Pendens in its final state. The Summary Judgment will just allow them to foreclose. You really need to do nothing.

      Are you still living there???
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Originally posted by justbroke View Post
        If you BK'd them and they were part of your Chapter 7 Bankruptcy, you need to do nothing.

        Regarding the fees... they just get tacked on to the balance of the loan. Since you BK'd the debt, they can't get anything from you, but procedurally, they need to do this in order to write it off.

        Yes, it's just a Lis Pendens in its final state. The Summary Judgment will just allow them to foreclose. You really need to do nothing.

        Are you still living there???
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          If you go, bring your discharge order with you. Let us know what it's like too.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog

          Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

          Comment


            #6
            No, I haven't been living there since I filed. I couldn't...too sad at the time :/ In retrospect, even though this was the hardest thing I've ever had to do, I know it was the best thing for me. I just wish I knew more about the law bc every time I get those scary notices (even though apparently they're just standard procedure) it scares the cr*p out of me and I become a nervous wreck!

            Thank you so much everyone for answering! My hearings are Jan 14th and Jan 23rd (2 diff mortgage companies). I'll bring my discharge order and let you know how it goes in case anyone else has them coming up.

            Comment


              #7
              If you are disharged, there is nothing you need to do.

              Comment

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