Legal Question in Bankruptcy in Illinois

Declared bankruptcy and gave up house. During bankruptcy, two months after filing, bank sold mortgage. Now in foreclosure process and it looks like they are trying for full payment. Is this possible?


Asked on 9/23/14, 4:37 am

2 Answers from Attorneys

Henry Repay Law Offices of Henry Repay

If you filed bankruptcy and did not reaffirm the loan, which you should not have, then they should not be seeking a personal deficiency judgment. You may need to read the "legalese" more carefully or have your bankruptcy attorney guide you through it. If they are seeking to hold you personally responsible, you should seek to stop them. It may be as simple as a phone call and certified letter to the foreclosing attorneys with a copy of your discharge or it may mean showing up at one of the noticed hearing dates in the foreclosure case to advise the judge of your concern that the discharge is being violated. If the conduct persists, which I do not anticipate, you will then have made a good case for action to be taken for violating the discharge stay.

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Answered on 9/23/14, 6:13 am
Michael Goldberg Johnston Tomei Lenczycki & Goldberg LLC

I completely agree with Mr. Repay's assessment. Most likely, the bank is seeking an "in rem" judgment only. An "in rem" judgment is the judgment against the property because your bankruptcy would not remove the lien from the property. However, you have no personal liability as long as you did not reaffirm the mortgage, so therefore the bank cannot seek an "in personam" deficiency, which is the personal judgment against you.

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Answered on 9/23/14, 7:23 am


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