HELP! I'm stressing now.

[Dizzy]

Filed Ch 7 and 341 is scheduled for 5/14. Everything was going right along and then today I receive a call from the attnys office. Receptionist says he was told to call me and make sure I know that Chase Home Finance can come after me after foreclosure for the moneys owed on the house I am surrendering and including. Do WHAT? The house debt is the whole reason I filed. What's wrong with this picture??? They can't do that, can they? I told him I really wanted to talk to her (atty) personally because I'm totally confused now. I'm waiting for a call back but anything you all can say to settle me down in the meantime is greatly appreciated.

[SMinGA]

That does not make a bit of sense... You may need to go and see the atty in person.

[calgirl67]

Get a new attorney.

If you did not reaffirm (and you should not have in any circumstances) they can not come after you for any shortfall money. Your debt and responsibility for that mortgage has been/will be discharged in Ch 7.

Tell the "receptionist" she IS WRONG. God... if I had a dollar for every time I read or heard a crappy and incompetent bk attorney say something that is false.. I would be rich.

[Dizzy]

Thanks to both of you. I just wish she'd call me soon because I feel like I want to throw up.

[calgirl67]

Question: did you sign re-affirmation papers for your mortgage and did your attorney file them with the court?

[Dizzy]

No, I haven't signed anything and she couldn't file them without a signature from me, could she? I wouldn't reaffirm. This house is the biggest thing I'm trying to get out from under.

[calgirl67]

Well the person who called you is full of it. Don't worry about a thing.

[Dizzy]

I hope so. The problem is getting past the receptionist. Now I'm being told (by same) that I shouldn't worry because the atty said the loan is included in the BK and I won't owe anything. Funny because the call was specifically to tell me they WOULD come after me. Now the receptionist is telling me that what he meant was that the BK probably won't be discharged until after the foreclosure is wrapped up which doesn't make any sense to me either. Jeesh. I know it takes months and even years sometimes for a foreclosure. Do I really have to wait that long for an official discharge?

[KatInVa]

Dizzy, sorry, the stress is the worse!!! HUGS!

[angles]

That is an interesting question, if it takes months or even years to foreclose when will the BK be discharged?

[mama2three]

That is an interesting question, if it takes months or even years to foreclose when will the BK be discharged?

The discharge will still occur as normal. The foreclosure has nothing to do with it and will not hold up the discharge

[liz417]

I think this "receptionist" is confused and you should speak to your attorney directly! The simple fact is that ALL responsibility for that loan is discharged in your bk.

[sunkinsc]

Even if they have started foreclosure proceedings the moment you file your petition an automatic stay is imposed and the foreclosure proceeding is halted. In order for them to proceed with the foreclosure after you filed then they have to file a relief from the automatic stay. You are more than likely going to be be discharged before they can even think about kicking you out so don't stress and hire a better attorney or file pro se.

[Dizzy]

I have another question. Since I'm surrendering the house, does any "equity" I have in it come into play at all as far as being an asset? My attorney used exemptions for the "equity" even tho' I'm surrendering it. As a matter of fact, as far as I'm concerned, I have no equity. By the time I'd have sold it, there wouldn't be enough to pay off the mortgage. Do they have to go by the assessed value? We all know that's a crock anyway.