intent..

[fyi2]

OK, so the BK7 is discharged and closed
I have been expecting the foreclosure

I just received a certified letter - the "Notice of Intent to Forclose"
in the letter it says I have 30 days to catch or i will be forclosed and I will be required to pay all reasonable fees incurred by them pursuing there forclosure rights- all legal fees, trustee fees, cost of title evidence, attorney fees ect..

I thought this would be covered by putting it in the BK?

will I have a forclosure cost to expect?

Ohhh Boy

Thank You for your thoughts

[IBroke]

Nope - ALL expenses resulting from the loan are discharged with your BK.

[lrprn]

will I have a forclosure cost to expect?

If you did *NOT* sign a mortgage reaffirmation agreement (and please tell me you didn't!), then after surrendering the house you owe NOTHING to your lender (or lenders if you have more than one mortgage). They cannot charge you for their costs and fees to foreclose the house. It's their problem, not yours. If anyone should pay the costs and fees, it's the buyer that purchases your house at auction.

If you filed with a lawyer, inform him/her about this letter so he/she can advise you how to deal with this issue. You may have to pay your lawyer extra because this is outside the normal Ch 7 legal actions.

Many mortgage lenders will try anything to wring more money out of you. Sadly too many filers will pay whatever the lender demands out of fear they can be pursued in court or because of the tremendous desire to just finish the whole thing and move on. The lenders know this and take advantage. What a bunch of slimy worms.

[fyi2]

thank you

[QUOTE=lrprn;336588]If you did *NOT* sign a mortgage reaffirmation agreement (and please tell me you didn't!),
I didn't!
then after surrendering
Surrendering just by adding to BK or surrendering by actually moving out?
the house you owe NOTHING to your lender (or lenders if you have more than one mortgage). They cannot charge you for their costs and fees to foreclose the house even if i am living in it without paying?

If you filed with a lawyer, inform him/her about this letter so he/she can advise you how to deal with this issue. You may have to pay your lawyer extra because this is outside the normal Ch 7 legal actions. I really don't have money .. especially since i am trying to save up to move
QUOTE]

[DebtEnder]

You living in the house is not a contract. In most cases it's good business sense to live in the house until they kick you out. As otherwise any active HOA or county/city code violations could occur and a HOA could possibly come after your personally for charges or maintenance fees.

In short no just because you live there after BK does not mean you owe them one more dime. If you look at the paperwork if the bank is halfway smart they put in fine print at the bottom of the page something like this"If this debt has been discharged due to a bankruptcy proceeding please disregard this is not an attempt to collect a debt."

If it does not have that then I would call your prior attorney and let him know. Most BK attorneys love these cases when you have paperwork saying they are trying to collect from you. It's an easy case and easy money for you.

[fyi2]

?

You living in the house is not a contract. In most cases it's good business sense to live in the house until they kick you out. As otherwise any active HOA or county/city code violations could occur and a HOA could possibly come after your personally for charges or maintenance fees. Good To know Thank You!

In short no just because you live there after BK does not mean you owe them one more dime. If you look at the paperwork if the bank is halfway smart they put in fine print at the bottom of the page something like this"If this debt has been discharged due to a bankruptcy proceeding please disregard this is not an attempt to collect a debt." No actually, in the middle the certified letter titled "notice of Intent to Foreclosure" it says you have 30 days for the date of this notice to pay in full... at the bottom under the signature it says " ***mortgage, Inc. is attempting to collect a dept and any information obtained will be used for that purpose. " The went to the judge to lift the stay back in september...
If it does not have that then I would call your prior attorney and let him know. Most BK attorneys love these cases when you have paperwork saying they are trying to collect from you. It's an easy case and easy money for you.

Tempting but it could just be their one allowed attempt after lift of stay (?) besides my BK lawyer was stricktly BK/Debt