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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 02-12-2007, 11:51 AM
Lamaer2
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Adding mortgage to bk


What is the name of your state? ca.
Hello, our bk is final on 2/22, we have tried to keep our mortgage, but now it is becomming obvious we cant afford it, can we amend the bk chapter7 to add it ?
& if so is it the same as "reoppening the chpt7? I ask because now they want $299.00 to reopen.
Also want to thank everyone for their help in the past, we filed pro se, but with out your help we would have made a bigger mess of things.
Edit: we have not reaffirmed our mortgage, nor were we asked. thanks

Last edited by Lamaer2; 02-12-2007 at 11:58 AM.
  #2  
Old 02-12-2007, 02:16 PM
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Posts: 6,454
If you didn't reaffirm, you've no liability for any deficiency balance. I'd write a letter to your lender stating the debt was discharged in bk and you are now surrendering the propert. Start making plans to move.
  #3  
Old 02-12-2007, 04:49 PM
Lamaer2
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How long to surrender the property?
Thanks
  #4  
Old 02-12-2007, 07:43 PM
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Join Date: May 2001
Posts: 6,454
Got no idea. I guess as long as foreclosure takes in your state.
  #5  
Old 04-02-2007, 11:23 AM
Lamaer2
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Recieved "notice of intent to foreclose" today, Guess "NOD" is next.
My question now is, when the foreclosure is complete,if the forclosure sale brings less than what my mortgage owed is, will I owe them the difference?
Also, there are some back property taxes, will I still owe these?
If I still owe these items, can I add them to my chpt.7?(became final 2/22).
In my origial chpt.7 forms, the mortgage was listed as something I wanted to keep paying, although I made no reaffrimation with them. As they said " we dont do reaffs".
Thanks
  #6  
Old 04-02-2007, 11:44 AM
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Join Date: Nov 2005
Location: South Cackalacky
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Quote:
Originally Posted by Lamaer2 View Post
Recieved "notice of intent to foreclose" today, Guess "NOD" is next.
My question now is, when the foreclosure is complete,if the forclosure sale brings less than what my mortgage owed is, will I owe them the difference?
Also, there are some back property taxes, will I still owe these?
If I still owe these items, can I add them to my chpt.7?(became final 2/22).
In my origial chpt.7 forms, the mortgage was listed as something I wanted to keep paying, although I made no reaffrimation with them. As they said " we dont do reaffs".
Thanks
You will not owe the difference. I don't know about the taxes, but I'm guessing that they will be paid before the mortgage.
  #7  
Old 04-03-2007, 07:52 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
See.. this is why it is just not wise to file pro se -- I'm surprised you made it thru w/o a dismissal. Clearly you don't understand the meaning of your lack of reaffirmation, the discharge, or anything else here.

The taxes were most likely NOT dischargeable, so you MAY have to pay them. Reopening your case to try to include them would likely be a waste of money.

Regardless of what your statement of intentions said, no reaff means the mortgage was discharged.
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