Legal Question in Bankruptcy in Georgia

i have been off abankruptucy 5 years or more and have been 2 payments behind i have caught up one and goi ng to send another one january 14 they are threatening me with foreclosure can can they foreclose.


Asked on 1/04/10, 8:53 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

A lender can generally foreclose if you have breached your agreement to make payments as agreed. From your post, that is the case. Read your loan documents.

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Answered on 1/09/10, 9:01 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If you are behind by even 1 minute, a lender can foreclose.

The effects of a foreclosure, and your remedies, depend on all the important information you omitted.

If you filed a Chapter 7 and did NOT reaffirm, you have no liability to pay, but they can foreclose at any time, whether you are current or behind.

If you filed a Chapter 7 and did reaffirm, or if you did a 13 or 11, they can foreclose if you are behind and you can additionally be sued for a deficiency.

You may be eligible, depending on information you didn't provide, to do a chapter 13 now to prevent foreclosure.

The answer depends on whether your bankruptcyh was a Chapter 7 or 13, whether yout

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Answered on 1/09/10, 10:12 am


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