Foreclosure after BK - little freakout

[trango]

Hi All,

So my foreclosure is going through (after the BK, so it's a good thing!), but because the court didn't record my reply a Default has now been entered. This means that the bank is going to get everything they asked for... including money from me since that is in there!

So I don't what I need to do... I could file a Motion for Relief from Judgement, but I don't actually know how, etc.

Anybody been in a similar situation?

I looked for any posts where people said they had to pay anything because a foreclosure after BK and couldn't find anything - so I don't know if I am just freaking out or what...


Thanks!

[IamOld]

Hello - was your mortgage included in the BK?

Did you get your discharge?

And did you REAFFIRM mort?

If your answers are YES, YES, and NO, the the bank cannot come after you. You can vacate the judgment (so it doesn't sit there and/or on your credit). If your mort was discharged in bk, than that's it you owe NOTHING further on it, unless you reaffirmed the mort.

Other wiser heads will comment also!

[trango]

Yes! Yes! No!

That's what I thought!

But, in the Compliant they put the following:

"Wherefore, Plaintiff prays as follows:

(g) That the Court retain jurisdiction of this cause to grant further relief as the Court deems just and proper including, but not limited to, deficiency judgement(s) if the proceeds of the sale are insufficient to pay Plaintiff's claim."

So, the problem is that in a Default Judgement the Court just grants whatever the Plantiff asked for; or at least that is my non-lawyer understanding of it.

This leaves me more than a little concerned, particularly because I read this as "We want to sell your house and stack you with the left-over mortgage debt, attorney fees, etc....

I'm pretty sure it would be easy to file an AP on the mortgage debt, but what about attorney fees etc?

Truth is I have more of a lack of data than anything else since the only indicators that this isn't going perfectly are that one line and the Default...

Just really want to get this last point completed so I can move on!

Thanks a lot all!

-Trango

P.S. - Anybody else who can share their stories, data from having done this and whatnot would be greatly appreciated along with all responses!

[drowning123]

I'm in the middle of a foreclosure as well. My answer to IamOld is also Yes! Yes! No! I got the same correspondence as you. You owe nothing. It's just a formality. Don't sweat it. Save up your money until the house goes to auction.

[trango]

I'm in the middle of a foreclosure as well. My answer to IamOld is also Yes! Yes! No! I got the same correspondence as you. You owe nothing. It's just a formality. Don't sweat it. Save up your money until the house goes to auction.

That's totally my thought, just with that line in there and the Default I'm not sure if I should just kick back and let it go through or get a lawyer or file a Motion for Relief from Default or what....

Did you consult a lawyer? It seems hard to nail down how we know for sure these guys wont be able to come after us. I say "us" because I have seen quite a few postings about foreclosure where people say "just let them take the house", etc - but where does it say "you are safe from lawyer fees" or "file a ______ if they come after you for foreclosure fees, etc".

Man I hope this posting helps someone else, I know I'm not the only super significant worry-wart here! ;)

[IamOld]

Guys thank you!!! You may want to get your BK lawyer a call, just in case he/she could tell yuo how to vacate it from the court. they CANNOT collect against you - period. Just "waive" our BK discharge in their face!!! AND/OR if you call the clerk of the court (or if you can go there in person) and just ask PROCEDURALLY how do you notice the court that this has been discharged in Bk, they usually will help you, based on other folks' such postings.

[trango]

To be honest, albeit a little cryptic, I need to prove that I don't need to do further action on this - its quite important that I get something concrete.

And I can't afford a lawyer right now, though I might just start calling for free consultations... Problem is that I think I will just get a ton of people who want money and won't give me a straight answer :/

Thanks guys!

[trango]

Guys thank you!!! You may want to get your BK lawyer a call, just in case he/she could tell yuo how to vacate it from the court. they CANNOT collect against you - period. Just "waive" our BK discharge in their face!!! AND/OR if you call the clerk of the court (or if you can go there in person) and just ask PROCEDURALLY how do you notice the court that this has been discharged in Bk, they usually will help you, based on other folks' such postings.

I think you are 100% correct! I just need to prove it to a neigh sayer

Also, I don't have a BK lawyer, did it Pro Se and it went great! Just this last point that's being a problem...

[tobee43]

i think you may have not found anything on the forum since there may not be much to find on the topic. as once your bk is discharged and closed you should be fine. you may still get "paperwork", but you shouldn't be responsible for any costs other than HOA fees, or if your town or city is suing you...that would be it.

were you an asset 7 case? if you rec'd a non asset distribution order then what is happening is just the natural course of the the foreclosure process.

if you were a NO asset case and you listed the mortgage in your bk, you'll be fine.

[trango]

Tobee, yes I was a chapter 7 no asset case.


I agree that it shouldn't be a problem, which I think you are correct in saying, is why I wont find people having trouble with having to pay for foreclosure related costs.

So, how do I prove its not a problem? Kinda hard to prove something "isnt" - but its important

Maybe others that were in the same/similar situations can post their experience?

Thanks guys!

[Freddy03]

Tobee, yes I was a chapter 7 no asset case.


I agree that it shouldn't be a problem, which I think you are correct in saying, is why I wont find people having trouble with having to pay for foreclosure related costs.

So, how do I prove its not a problem? Kinda hard to prove something "isnt" - but its important

Maybe others that were in the same/similar situations can post their experience?

Thanks guys!

Do you mind me asking when you stopped paying? I'm in FL also and trying to keep an eye on how long the FC process takes since I will be trying to stay as long as possible.

Thanks!

[tobee43]

Tobee, yes I was a chapter 7 no asset case.


I agree that it shouldn't be a problem, which I think you are correct in saying, is why I wont find people having trouble with having to pay for foreclosure related costs.

So, how do I prove its not a problem? Kinda hard to prove something "isnt" - but its important

Maybe others that were in the same/similar situations can post their experience?

Thanks guys!

the order from the court is the only proof you would need. you rec'd 2 orders..one for the discharge and one for the close. in this case the order closing and stating there are no assets, and from the trustee , signed by the bk judge indicating the trustee has abdonded your assets, usually can't get any clear than that.

[trango]

Hi Freddy,

I have Wells Fargo and the last time I paid was Nov 2008. I filed for BK in Oct 2010, they filed for foreclosure 2 days after I filed the BK, 341 1 month later, discharge 2 months after that. They got a Relief from Stay and having been working on it...

I'm in the opposite position in that I already left the house and just want the foreclosure done and over!

Good luck staying there though, from what others have said it shouldn't be hard.

[trango]

Hi Tobee,

Thanks! What about the line in the Mortgage Compliant:

"(g) That the Court retain jurisdiction of this cause to grant further relief as the Court deems just and proper including, but not limited to, deficiency judgement(s) if the proceeds of the sale are insufficient to pay Plaintiff's claim."

Could they use that to get me to pay for anything like attorney fees, etc?

[tobee43]

take a look at http://www.msfraud.org/law/lounge/De...oreclosure.pdf



whereas: that it will depend on your agreement with the bank, and if and of course ,flordia is a judicial state, which it is, therefore, there should be no problems.

other than HOA fees, possibly, taxes or town and city fees and they, the city, town and or city can obtain a suit against you. other than that, you are, or should be safe. hopefully anyone with more info will chime in??