foreclosure after Ch. 7 bankruptcy

What is the name of your state? Illinois
We filed Chapter 7 bankruptcy which was discharged in 2001. We did file against our mobile home, however we did not reaffirm but have been making payments regularly since then with no problem. Recently we have fell behind (2 months) on our payments due to unemployment issues. We now are being threatened with foreclosure. We have called numerous times trying to set up payments so we may get caught up, they refuse them saying they are not good enough or acceptable. We have explained that our unemployement problems are over and that we can be all caught up by February by making double payments. They refuse to talk to us but continue to threaten, saying the house is now vacant, which it is not, that we do not want the home, which we still do, and demand that we give them directions to the home immediately. Can they refuse our payments and can they forclose on us even if we did not reaffirm with them??

[HomeGuru]

Originally posted by mep57
What is the name of your state? Illinois
We filed Chapter 7 bankruptcy which was discharged in 2001. We did file against our mobile home, however we did not reaffirm but have been making payments regularly since then with no problem. Recently we have fell behind (2 months) on our payments due to unemployment issues. We now are being threatened with foreclosure. We have called numerous times trying to set up payments so we may get caught up, they refuse them saying they are not good enough or acceptable. We have explained that our unemployement problems are over and that we can be all caught up by February by making double payments. They refuse to talk to us but continue to threaten, saying the house is now vacant, which it is not, that we do not want the home, which we still do, and demand that we give them directions to the home immediately. Can they refuse our payments and can they forclose on us even if we did not reaffirm with them??

**A: you BK filing and whether you reaffirmed or not is moot. Once you are in arears on your mortgage, the lender does not have to accept partial payments and has every right to foreclose.

Thanks for the input. We were wondering what we could do to avoid all of this but i guess we are just stuck between that rock and the hard place. New note on this, we called today and talked to someone totally different and they agreed to let us set up payments. GO figure?????. Oh well we will just see what happens next.