Legal Question in Credit and Debt Law in Georgia

Can a bank sell my house after they charged it off? I have filed chapter 7 and did not reaffirm the debt but the bank does not want the property because it will cost more to foreclose than it is worth. As long as I pay the insurance and taxes they say that I can keep the property. I have it in writing but as it is a rental property I am unsure if they can sell it once the housing market rebounds.


Asked on 1/18/12, 6:40 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The term charged off is irrelevant. It simply means the bank has been unable to collect.

They retain their lien, and unless you make all payments as due (even though you do not have to as per your chapter 7) they can foreclose anytime they want (and likely will at some point).

The only "have it in writing" that would matter would be if the bank actually records a cancellation of the loan deed. That is almost completely unlikely.

Your chapter 7 lawyer certainly explained retain and pay. There is no such animal as retain but don't pay.

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Answered on 1/18/12, 6:50 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

They can choose to foreclose even if you make all payments as due. Otherwise, no one here knows what you have in writing. The bottom line is that you can't expect to live free on property forever.

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Answered on 1/19/12, 5:40 am

You have jumbled terms. A chargeoff has nothing to do with bankruptcy. You should discuss this with your bankruptcy attorney as it is related to that. I am not a bankruptcy lawyer, but my understanding is if you included the home in your chapter 7 bankruptcy the debt is discharged unless you signed a reaffirmation agreement, which you deny.

In such cases, the homeowner can stay in the home if they continue paying. However, if the homeowner stops paying, the bank can foreclose on the home as the bankruptcy is over. Where the bankrutpcy protects is in the case of deficiency. In the states where it is permitted, the bank cannot come after the homeowner for a deficieny in those cases where the debt already has been discharged.

From your facts, what I would do is stay in the home for as long as you possibly can. You are not likely to get such a good deal anywhere else. If and when you are served with a foreclosure complaint, then you can start making preparations as you will have an idea as to how long it will be until the foreclosure sale. Once the property is sold, the sheriff will eventually evict you if you do not leave within 10-30 days after the property is sold to a new buyer.

I don't understand what you have in writing indicating that the property is a rental. If that was the case, then the property would have been foreclosed on long ago. You need to either talk to your bankruptcy attorney and allow him/her to review the document or take it to some other real estate/foreclosure defense attorney in the county/state where the property is located.

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Answered on 1/19/12, 7:32 am


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