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Need Help! Violation of Discharge

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    #16
    Justbroke

    We stopped paying in March on our HELOC (at a bank) and in April on the 1st mtg (at a CU). Haven't heard at all from the 2nd, but the 1st has sent three letters and a couple of statements. (Funny they never sent statements while we were paying)

    Anyway, this latest letter - received a few days after I called them and said we didn't see any way to be able to pay this - is suddenly offering a possible modification on the mtg, a balloon note which would come due this fall. (Not really due though, because it was discharged in BK 7 and not reafffirmed - yet the letter states that it is "due and payable"). Is this a violation?

    It is a condo and it has continued to devalue until now it is not worth what we owe - probably even worth less than our 1st.

    Because of mold/health issues with it, we have already moved (haven't told the CU though - should we?). We really just want to be rid of it, as there are things that need fixing and will cost a lot more than we could do.

    Any ideas as to how to get them to go ahead and take it? We are still paying condo fees but its hard to do that even. What should we do? We are in FL Middle.
    Filed Ch 7 -- July 9, 2008
    341 mtg ---- August 14, 2008
    Discharged ---- October 17, 2008
    Closed --------- December 11, 2009!

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      #17
      The only way to accelerate a transfer of ownership, is usually a deed in lieu. This usually requires listing it on the market for 90 days or so. Otherwise, there's no way to accelerate a transfer of ownership (or foreclosure).
      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


        #18
        Thanks - I don't think that's possible because of the HELOC.
        Filed Ch 7 -- July 9, 2008
        341 mtg ---- August 14, 2008
        Discharged ---- October 17, 2008
        Closed --------- December 11, 2009!

        Comment

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