Foreclosure after BK - little freakout

[Freddy03]

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.

Thanks! I have Wells also. At the time I filed I was 3 month late and in the middle of a loan mod. I have only received paperwork stating my mod is in processing and while it's processing they will not start any FC process.

I'm hoping for at least 10 months or more.

[KevFinnerty]

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.

I'm in a similar situation to the OP, but I AM an asset case. My house has equity in it. The trustee had expressed an interest in the house at my 341 hearing last year but nothing has happened on that front (I've been waiting for him to take steps to sell it). I've never been issued any kind of "distribution order" or anything else to clue me in on what assets he thought I have but my lawyer said the only thing he could possibly consider an asset is my house. But nothing has happened and now I received some kind of "you are in default because you have failed to reply" notice from the bank.

I opened a separate thread on my situation so as not to hijack this one.

[LadyInTheRed]

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?

This looks like standard language they include in every complaint. They are only asking the court to retain jurisdiction so they can come back and ask for further damages later. Because the debt was discharged, they shouldn't file an additional claim for deficiency or attorney fees. If they do, you would file a response that includes a copy of your discharge.