Foreclosure Proceedings Coming Up

[jasonla]

I go to court for my Foreclosure this coming Monday.

I filed Chapter 7 and have received my discharge paperwork.

The mortgage had a co-debtor, my ex-wife, who has not filed.

Neither myself, nor my ex filed an answer (when served with summons) and just last week I received notice of my court date.

I am not hiring a lawyer for this, but I don't really know what's going to happen.

I tried to sell the house (pre-bankruptcy) and was not able to. Neither myself, nor my ex want to keep the house.

In Illinois, where I live, there is no Right of Redemption and Deficiency Judgments are allowed. Since I have already been discharged (First week of September, I believe) is it safe to say that I will go to court and the Judge will allow foreclosure, the house will be put for sale, no one will buy it or buy it for near the mortgage and the bank will go after my ex for the deficiency judgment?

[jlmaca]

I go to court for my Foreclosure this coming Monday.

I filed Chapter 7 and have received my discharge paperwork.

The mortgage had a co-debtor, my ex-wife, who has not filed.

Neither myself, nor my ex filed an answer (when served with summons) and just last week I received notice of my court date.

I am not hiring a lawyer for this, but I don't really know what's going to happen.

I tried to sell the house (pre-bankruptcy) and was not able to. Neither myself, nor my ex want to keep the house.

In Illinois, where I live, there is no Right of Redemption and Deficiency Judgments are allowed. Since I have already been discharged (First week of September, I believe) is it safe to say that I will go to court and the Judge will allow foreclosure, the house will be put for sale, no one will buy it or buy it for near the mortgage and the bank will go after my ex for the deficiency judgment?

I believe it would be safe to say that the court will allow foreclosure since you did not answer the summons and did not reafirm in Chap7. Since your ex did not file I believe they will go after her for a deficiency since they can't get it from you. I also believe that once a judgement is entered you have a statutory 90 redemption period before a sale date can be set, the court can shorten this to 30 days if the property is abandoned. The court can also extend the period.

[jasonla]

So basically, don't worry?

[jlmaca]

So basically, don't worry?

I really don't see anything you should worry about.

[jasonla]

Thanks a bunch.