Legal Question in Bankruptcy in California

House Surrendered in CHPT 7 now up for Foreclosure

We filed Chpt 7 in April 07 and recieved a discharge notice in July 07. In our petition we indicated we were going to surrender the properties and vacated the house prior to filing. The mortgage company requested a relief from stay, to proceed with possession I was told by my attorny. Now we are recieving notice of foreclosure on the house and Im wondering why since we surrendered it during our BNK. If this was not discharged would we of recieved notice from the court or should we go by our credit report saying it was included in the CHPT 7. Also do we need to pay the property tax from April and Dec 07? We refie'd in October for this house and got hosed on fees and rates and what the broker promised would be paid off so come April we knew we could not afford the house does this cause a problem with the discharge because it was a short time period?


Asked on 12/19/07, 4:47 pm

1 Answer from Attorneys
Brian Whitaker Lifeline Legal, LLP

Re: House Surrendered in CHPT 7 now up for Foreclosure

All obligations you had regarding the properties have been discharged, including the property taxes. You are receiving notices because you are still on title ... not because you still owe the money.

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Answered on 12/20/07, 2:24 am


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