Legal Question in Bankruptcy in California
I relinquished a home under Chapter 7. I contacted them and asked if I needed to sign a deed or anything else. Answer was no. My question is, can they still file it as a foreclosure? The corrected my credit report to state discharged in bankruptcy, but public records shows a foreclosure. I want to take action to fix, but am not sure if I have a legal stand.
1 Answer from Attorneys
It does not sound as if they are mis-reporting the action taken. Regardless of your offer to sign a deed, the property was foreclosed, and so it is reported as such. The only reason your credit report doesn't reflect a foreclosure is because the foreclosure (I assume) took place after the bankruptcy was filed, and your personal liabilty for the loan was discharged as of the date you filed bankruptcy. A credit report is personal, but the foreclosure of the property as reported via a Trustee's Deed is correct, and cannot be changed.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."
Related Questions & Answers
-
Will filing for Chapter 7 eliminate a debt judgement against me? Asked 8/31/11, 7:24 am in United States California Bankruptcy Law
-
Debtor files adversarial in bk7 against creditor dismissed Asked 8/30/11, 11:13 pm in United States California Bankruptcy Law