Foreclosure after Chapter 7 discharge

[sardis11]

I just received a summons on my first mortgage. This mortgage was included in my Chapter 7 bankruptcy, which was discharged and closed.

I am anticipating eventually losing the house, but I would like to buy some time before doing so. Would filing an answer such as "produce the note" help delay things in this instance?

[HHM]

Possibly, but realize this...the longer it takes to foreclose, the longer it will be before you are eligible for another mortgage. When a BK and foreclousre both happen, FHA (appranetly) uses the 3 year rule from foreclosure, vs. the 2 year rule for BK.

But generally, if you contest the foreclosure, you can usually buy "some" time, how much will depend on the process and procedures of foreclosure in your state.

[flnybk]

I am confused. I thought if a house is included in BK then it can't go on your credit report as a foreclosure? Do you mean if the bank drags their feet and takes a year to take over his house then that's another year he can't get a new one?

[hereforinfo]

Even though it may not be reported to the credit bureau, the foreclosure still occurs and is public record. It also HAS to be disclosed on any future mortgage application. The eligibility to obtain a new mortgage starts once the bank takes back the title, so the 3 year clock won't start until then.