Summons and Complaint Response

[jwheez1991]

OK long story short I filed Ch 7 in 2008 and received my discharge. I didn't sign a reaffirmation agreement for my house, but continued paying until I lost my job last year. The mortgage company didn't want to work with me on refinancing or a repayment plan so I quit paying.

I received my Summons and complaint on April 15, 2010. The way the Complaint is written, they are still trying to get me for the mortgage, attorney's fees, etc.

My question is do I need to respond to the Summons and Complaint or can I ignore it?? All my credit reports show my mortgage was discharged in my bk.

I'm really getting sick to my stomach just thinking about what might happen. I have until next Thursday to respond.

BTW, I'm in Indiana and it's a judicial state for foreclosure.

Any help anyone could provide would be much appreciated.

J.W.

[Mensa1]

The mortgagee has no avenue remaining, following the discharge of your personal responsibility of the debt in Bk, from which to collect one nickel from you unless you voluntarily agree to pay them. Of course you won't do since the property is in foreclosure.

Regarding the language in the complaint for fees, this is fairly standard language. They are looking to collect the costs and fees from the sale of the property, not from you directly. If they didn't ask for this in the complaint and lets say that the property sold for 3K more than the total debt, the lender couldn't recoup their fees and costs. By listing in the complaint as they do it sets it up as a priority claim, before that of any other claim of record; (subject to taxes and any Sr. recorded liens of record).

[jlmaca]

OK long story short I filed Ch 7 in 2008 and received my discharge. I didn't sign a reaffirmation agreement for my house, but continued paying until I lost my job last year. The mortgage company didn't want to work with me on refinancing or a repayment plan so I quit paying.

I received my Summons and complaint on April 15, 2010. The way the Complaint is written, they are still trying to get me for the mortgage, attorney's fees, etc.

My question is do I need to respond to the Summons and Complaint or can I ignore it?? All my credit reports show my mortgage was discharged in my bk.

I'm really getting sick to my stomach just thinking about what might happen. I have until next Thursday to respond.

BTW, I'm in Indiana and it's a judicial state for foreclosure.

Any help anyone could provide would be much appreciated.

J.W.

I'd respond the summons if you want more time in the house to prepare your departure.