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  1. #1

    Default Foreclosure After Chapter 7, House Included

    My question involves a foreclosure in the State of: New York
    I sure hope someone can shed some light on this, I am loosing sleep
    Chapter 7 BK discharged in 2006, house included. Taxes were owed, so the county took the house, mortgage company didn't get it. Now over 2 years later, ther mortgage compant has filled for a judgement for the balance on the mortgage. How can they do this for a dept that was included in the BK. Our BK lawyer (OK, I used a cheap BK mill cause I was broke) has no clue, he said "I don't know what to do"
    Any feedback will be greatly appreciated

  2. #2

    Post Please

    My question involves bankruptcy in the state of: ny

    My question involves a foreclosure in the State of: NY

    I am hoping someone can please assist me!!!! After surviving with a family memeber with cancer and the loss of a business, I filed for CH7 BK in 10/05. It was discharged in 1/06. Foreslosure proceedings were started on my home as well as a property tax lien action. I included the mortgage and property taxes in my bankruptcy. I moved to a different city because of an employment move. The house sat vacant for quite some time. Eventually the county siezed the property for the back property taxes and sold it at auction. After much work over the last several years, I am back on my feet and the health of my family has been stable for several years now.

    Last week, I was served with a summons from the mortgage company. My BK attorney does not know how to handle the situation. I have less than 10 days to respond to the summons or a default judgement will be issued.

    I desperately need to know, am I protected from this mortgage debt as it was included in my CHAPTER 7 bankruptcy? How do I "reply to a summons"? Should I retain other legal counsel ASAP or can I reply to this myself? We are financially back on our feet but retaining legal counsel will be a hit for us.

    I greatly appreciate your feedback!!!! I thought the worst was over for my family. Bankruptcy and losing your home is one of the most difficult life experiences. We survived cancer and the loss of a business, the loss of our home, moving our autistic child, and being blessed with our son survivng two tours in Iraq and Afghanastan.......

    Please help, we are very scared. Thank you so much and God bless.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Foreclosure After Chapter 7, House Included

    Get a new lawyer.

    And stop re-posting your question over and over. It only clogs up the boards and makes the volunteers grumpy.

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