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    #1

    Foreclosure and Bankruptcy

    I recently filed for and received discharge from Chapter 7.

    My mortgage had a co-signor (my ex-wife) who did not file for bankruptcy (even after I offered to pay for lawyer (my lawyer was willing to cut me a deal for 2-for-1 shot).

    After I received my discharge letter saying my debts were eliminated, I began waiting to hear from Chase Home Finance about the mortgage.

    I recently received a summons due to the foreclosure.

    I do not want the house, neither does my ex-wife (co-signor). I just want the bank to take/auction/sell it. We tried to sell it prior to bankruptcy and it isn't worth what is owed on the mortgage (due to the home market).

    My question is, what happens now? Will Chase go after my ex for the mortgage or what?
    Tags: None
    #2
    If both you and your ex-spouse were responsible to pay the loan on the house. You have been discharged of that responsibility, so the bank can not come after you. They will however still come at your ex-spouse if the house is foreclosed on and there is $$ remaining on the note.
    8-07-09-filed Chapter 7
    11-18-09-DISCHARGED!!

    Life is not what challenges you face, but how you face those challenges.

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      #3
      Why did I receive a summons to answer or appear, then?

      Comment

        #4
        There is no way for me to answer why you were served.

        If I were you, I would appear with a copy of your BK paperwork showing the mortgage WAS including in your filing, and your discharge paperwork to prove it has been discharged.

        That should be the end of it. I believe you could just send these documents to the court as well, but I am not sure on that. I would appear in person just to be sure it is put to rest.
        8-07-09-filed Chapter 7
        11-18-09-DISCHARGED!!

        Life is not what challenges you face, but how you face those challenges.

        Comment

          #5
          I believe they sent you the paperwork as you are still on the deed and showing as co-owner. They are legally required to send you notification. I would take your discharge papers and attend the hearing, but I think you don't have anything to worrry about.

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            #6
            If the OP lives in a state that requires judicial foreclosure, then the summons would be addressed to the person(s) listed on the property deed. This should not affect your credit score since the debt was IIB

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