Janet C Tacoronte's Answers

"Active Foreclosure Status" with a sale set for Nov 09 is what the lender mentioned when I called. I have not received ANY...

The lenders have started giving borrowers "sale dates" without a foreclosure being filed. If you checked the court docket and there has been nothing filed then this a probably just an internal estimate by the bank. A sale date is not official until a Judge enters a Final Judgment and the clerk sets the sale date.

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If we were discharged from bankruptcy in 2004 can we file a chapter 7 in florida

Unfortunately, you have to wait 8 years from the date of discharge in order to file a new Chapter 7.

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FL Foreclosure, lives in NY

There are many things that can be done in this situation but one important step is to be vigilant on and if a foreclosure has been filed. In Florida you must answer a complaint within 20 days. Furthermore, the foreclosure will continue in most cases even if you are working a short sale package with the bank.

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What happens to debt not listed in bankruptcy filing (chapter 7) by debtor?

If the debt is not listed in a Chapter 7 no-asset case then in most cases it will not be discharged. As always you should seek legal counsel in order insure that you do not need to file a claim in the Chapter 7 case to protect your rights.

I just received a letter stating the trustee of my chapter 7 has been dischared and debtor and bond has been cancelled?

If you received your discharge, your case is complete and your debt has been discharged.

Received a summons from the court re foreclosure

If you are not on the promissory note then you are responsible for the loan. You should check the closing documents from the refinance and make sure you did not sign the promissory note. Your credit should not be affected but you should pull a report to make sure you can go to www.annualcreditreport.com to get a free one.

In foreclosure since April, had hired a lawyer to modify loan, he has been lying to me, even lost record that I paid already.

You stated that he told you to reply. You only have 20 days to reply. If you have not answered than has he? You should get a copy of your court file and see what has been done. You should also ask this attorney for a copy of your file with him.

Does a 2nd Chapter 7 filing mean abuse?

You can file a chapter 7 after 8 years of the day of discharge. The courts will not likely not it as abuse. "Abuse" is seen as maxing out credit cards and taking out cash advances right before the bankruptcy is filed.

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When may I expect loan documents and release of lien with 2nd mortgage?

You should make sure that they send the offer in writing. According to Florida Statutes a mortgagee/lien holder has sixty (60) days to record the satisfaction of mortgage.

It's been 9 months since my chap 7 was discharged can they still take my house?

Yes, if their is a mortgage on the home they are still entitled to a foreclosure although you do not owe on the promissory note due to the bankruptcy. Your bankruptcy slowed them down but make sure you read all your correspondence so you have no surprises.