I did a Chapter 7 in March 2011 and it was discharged in June. It was an asset case and won't be closed until Oct/Nov. One of my debts was a Small Business Loan through a large Bank for about $300k. We put up a $40k piece of property (no house, just an empty lot in a neighborhood) as collateral. When I filed, I knew I would lost this property to the bank, and I'm OK with that.
Yesterday I received a certified letter from the bank's attorney stating that they were demanding payment for the entire balance owed, including interest up through August2011 (months after I filed my BK) and that if I didn't pay in full, they would begin judicial proceedings on the property that I had for collateral. (I assume that means they are starting the foreclosure proceeding).
The letter stated that my loan agreement/documents said that if I ever defaulted on the loan, I would be responsible for reasonable attorney's fees, collections, etc. That made me wonder...will I have to pay thousands of dollars for the bank to foreclose on this property? Has anyone had experience with having to pay these fees after a foreclosure? I assume that since I included the loan in the BK, that any associated fees would also not be my responsibility, but maybe I'm wrong since that's what the loan documents that I signed at closing stated?
Thanks!
Yesterday I received a certified letter from the bank's attorney stating that they were demanding payment for the entire balance owed, including interest up through August2011 (months after I filed my BK) and that if I didn't pay in full, they would begin judicial proceedings on the property that I had for collateral. (I assume that means they are starting the foreclosure proceeding).
The letter stated that my loan agreement/documents said that if I ever defaulted on the loan, I would be responsible for reasonable attorney's fees, collections, etc. That made me wonder...will I have to pay thousands of dollars for the bank to foreclose on this property? Has anyone had experience with having to pay these fees after a foreclosure? I assume that since I included the loan in the BK, that any associated fees would also not be my responsibility, but maybe I'm wrong since that's what the loan documents that I signed at closing stated?
Thanks!
Comment