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  1. #1
    Join Date
    Apr 2012
    Posts
    2

    Default Foreclosure After Bankruptcy Discharge, Mortgage Not Reaffirmed

    My question involves bankruptcy in the state of: Indiana

    Hello all,

    I was discharged in 2006 under chpt 7 and continued to stay in my old house until 2009. I did not reaffirm. Both my discharge and the house were in my name only.

    I got a second home in 2009 an moved into it. I unsuccessfully tried to sell and rent it until last year. I stopped paying the mortgage on the old house and gave up on it after having a dead beat renter (since evicted) and losing my job.

    I have been sued for foreclosure and the process is underway.

    What bothers me is that the suit is asking for all sorts of relief and awards "as just and proper" Seems fairly boiler plate. That said, they seem to want to collect for force placed insurance and lawyer fees/court costs.

    How should I be responding?

    Thank you in advance!

  2. #2
    Join Date
    Sep 2010
    Posts
    6,658

    Default Re: Chpt 7 Discharged in 06. Foreclourse Suit Now Pending. How to Respond Properly

    Respond that it is a discharged, unreaffirmed debt. They're recourse is limited to the recovery of the property (foreclosure). A judge should not find any other relief "just and proper" against you.

  3. #3
    Join Date
    Apr 2012
    Posts
    2

    Default Re: Chpt 7 Discharged in 06. Foreclourse Suit Now Pending. How to Respond Properly

    Quote Quoting flyingron
    View Post
    Respond that it is a discharged, unreaffirmed debt. They're recourse is limited to the recovery of the property (foreclosure). A judge should not find any other relief "just and proper" against you.
    Thank you. Is there any special forms or anything I should use?

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