Protection during foreclosure law suit

[trango]

Hi guys,

The bank is finally taking my house!

This is a good thing as I surrendered it during the bankruptcy and want my name off the title.

However, in the foreclosure papers they state that they want me to pay for the balance, lawyer fees, etc.

First off, do I have any liability there that they can go after?

Second, whats the best way to go about this so that I don't wind up owing anything or have to get in a big legal battle?

Obviously the goal is for them to have the house as quickly and with the least time and cost for me ;)

Thanks guys, you are greeat!

PS - Just for added fun, I'm currently out of the country and won't be back soon...

[helpme2010]

If you did not reaffirm your house during chapter 7, you should have zero liability for anything with the bank. You wiped out your debts with them in chapter 7. I can't believe they are trying to charge you anything. I would tell them to go pound sand. But don't listen to me, wait for a more qualified responder to give you accurate advice.

[debee]

However, in the foreclosure papers they state that they want me to pay for the balance, lawyer fees, etc. First off, do I have any liability there that they can go after? Second, whats the best way to go about this so that I don't wind up owing anything or have to get in a big legal battle?

They're not really coming after you. They're just going after the property. From what I've read, in cases where they list the debt as if they were still seeking a deficiency it's because there's a lack of communication between their foreclosure dept and their bankruptcy dept. You don't have to worry about it. Your liability for any deficiency was discharged. Let them take the house. If they contact you afterwards (which I doubt they will), give them your case number. No battle, no bill.

[housepoor10]

I have the same situation here. My plan is to "answer" the FC Summons with a copy of my bankruptcy discharge papers, and a paragraph stating this home was discharged in the bankruptcy and you "are curious" as to why the Plaintiff did not own up to it
The judge will appreciate that I am sure!