Tuesday, 21 January 2014

I filed Chapter 7 bankruptcy per se on, I have been discharged, my mortgage balance is $404K, my market value is $160K. I received a letter ...

Question

I filed Chapter 7 bankruptcy per se on, I have been discharged, my mortgage balance is $404K, my market value is $160K. I received a letter from a debtor for my in-ground swimming pool which was included in the bankruptcy saying that my security interest in my property was not discharged. I thought it was a credit loan but I found the paper work and it has a deed of trust and request for notice of default for the loan. Can the debtor reposses the collateral or foreclose on my property, and what should I do contact the creditor or ignore the letter.



Answer

You filed under the wrong chapter if you need to do a lien strip and your property is underwater. Chapter 13 is the only bankruptcy that allows for that type of thing. You can still file a new case under Chapter 13 to do the lien strip.

We do handle chapter 13 s all across the state for no money down.

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