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Company Loan Type APR Est. Pmt.

short sale to avoid foreclosure AFTER dischrge and surrender

Posted on: 20th Feb, 2010 01:48 pm
I filed for chapter 7 and was granted full discharge in oct 2008. my property, both 1 &2 lenders loans included. I surrendered the property in the bankruptcy at that time. The property deed and loans are still in my name, as they (GMAC) have not forclosed or even set a date for auction as of today!

My question relate to this..................
I have a motivated/interested buyer............GMAC is willing to negotiate with them to make a short sale of the property vs. forclosure..........But they wont do it unless I submit a FULL short sale packet to them, complete with hardship letter AND the also want to know all of my current financial, checking and tax info included. As i have already surrendered said property and been discharged from any financial responsibility, will giving them all my new info and financials ( we have since moved 3500 miles and had to relocate to another state to find jobs and get reestablished) make me somehow responsible again for any or all of the debt relating to this possible transaction???? Is ther some form of hidden reaffirmation responsibilities hidden in theese short sale packets they want???


Thanks!!
Hi Guest,

As far as I know, the short sale packet does not contain any reaffirmation agreement in it. Moreover, you won't be able to reaffirm your loan unless you re-open your bankruptcy. As your debts have been discharged in your bankruptcy filing, the lender cannot make you responsible for the dues now. However, if you have any kind of doubts, then you should contact the bankruptcy attorney and ask him to go through the short sale packet so that you come to know whether or not you are signing the reaffirmation agreement.
Posted on: 21st Feb, 2010 11:30 pm
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