Legal Question in Bankruptcy in Florida

Our primary mortgage was included in a 2009 bankruptcy. The mortgage company did not appear at the creditors meeting on June 9th to reaffirm the mortgage. Eight days later on the 17th they filed a motion to lift the stay to be allowed to contact us yet never did. In January of 2010 we contacted them to see how to save the house. They put us on a loan modification program and we have been denied only to be put on another one for the past 21 months and in yet another process. To my understanding from our bankruptcy attorney back in 2009, their neglect to reaffirm the mortgage released the debt of it and from there a settlement should have been made for about $25k to secure us getting the deed. He doesn't help us any longer saying our files have been purged. Can someone please give me a factual answer and a direction.


Asked on 9/06/11, 9:23 am

1 Answer from Attorneys
Sanford M. Martin Sanford M. Martin, P.A.

It is advised that an attorney review your bankruptcy discharge and final order along with documents from the holder of the mortgage. If, as you suggest, the mortgage was discharged, the mortgage may be unenforceable but you may not be the owner. Whether the creditor appears at the creditors meeting is not important for such issues. Filing a motion to lift the stay is standard procedure by such creditors. Many such mortgages and/or foreclosures involved in bankruptcies have been complicated by such events with prolonged periods of renegotiation. Consult with an attorney to decide whether and how to pursue the mortgage modification.

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Answered on 9/06/11, 9:56 am


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