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chaper 7 with modification in process

Posted on: 16th Apr, 2010 10:01 pm
What happens if I have filed chap 7 and its been discharged, but during the process I was waiting on results of a modification? I had not heard anything until with in a week of the bankruptcy being discharged. Paperwork was not signed and returned for the modification due to the BK was final. Notice of possible Foreclosure was sent but nothing came of it. Three months later I rec'd a notice of incomplete modification (end of 1st mod. period). Again did not complete. What is the time span before they actually start foreclosure? Does it start from the last payment I made? Day I filed? Date of Discharge? Date of Auction? Sherriff Sale? How long is it normally before they tell you to leave? My Lawyers office seems to think it should have been done already. Why is the BOA Mortgage Co dragging their feet? I just rec'd a notice (today)we did not qualify for a mod. and unless I ageed to a short sale or deed in leiu, foreclosure proceedings will resume. I do not see any reason to agree to ss or dil with the bankruptcy already tainting my credit I might as well go with the foreclosure process. With the bankruptcy complete is there anything I need to be worried about being responsible for
during the foreclosure? I do not trust BOA. The whole process is confusing and just like every one else I am looking for answers.
Hi conniebd,

As you had filed bankruptcy, the court had issued an automatic stay on all your creditors and thus they were unable to take any actions against you. The lender will start the foreclosure procedure once your bankruptcy is discharged and you surrender the property to the lender. You can leave the property after you surrender it to the lender. After the property is sold off at a foreclosure auction, you won't be responsible for the deficient balance.

Take care.
Posted on: 19th Apr, 2010 02:30 am
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