Legal Question in Bankruptcy in Virginia

foreclosure after bankruptcy

We filed chap. 7 in 2003 and included a house. There were renters there at time of filing (no Lease). We did not reaffirm this debt but the renters continued to send their rent to the mortgage company. They have since moved and the mortgage company has sent us a foreclosure notice. Can they still foreclose on us although we gave the property up in bankruptcy?


Asked on 8/25/04, 7:54 pm

1 Answer from Attorneys
Tommy Smith Law Offices of Tom C. Smith

Re: foreclosure after bankruptcy

Yes.

You are no longer protected by the bankruptcy court so the mortgage company can proceed with foreclosure. This is a normal event.

They CANNOT sue you for any deficiency since you did not sign a reaffirmation agreement. Once they foreclose, that's it. The debt was discharge in the bankrutpcy and you are not legally responsible for the debt any longer.

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Answered on 8/25/04, 9:41 pm


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