Kurt A. O'Keefe's Answers

Can I leave the state and be in chapter 13

To be clear, you can live wherever you want to; you do not have to dismiss your pending case and re-file in a new jurisdiction, just because your residence changes. Whatever your obligations are under your pending case, they remain the same. Not just making the payments, if you have to submit your tax returns, you have to keep doing that. Nothing changes in your court case. Always advise your attorney, and the trustee, and the court, of your correct address. Have your attorney file the...

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Is there a limit or time frame as to how long creditors have, to report collections accts. to the credit reporting agencies?

Generally, I believe it is after 7 years most items come off a credit report. However, if you had a no asset case, meaning the trustee did not get anything of value to distribute to creditors on your case, then this debt is discharged even though not listed. They would still have the same time limit (as if they were listed) to contest the dischargeability of the debt. You should contact your bankruptcy lawyer and get her or him the information.

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Will my mortgage company report a forclosure to the credit bureau if I stop paying on a home that was discharged in a chapter 7?

It would be malpractice for the attorney to have signed off on a mortgage under the facts you present. If you had, then they could foreclose for less than what you owe, and sue you personally for the difference. You cannot foreclose, only the mortgage company can, and, they do not have to. Sometimes they do not. The mortgage co. does not discharge anything, the court does. Not reaffirming is not your problem; the house situation is. Now, what can you do? Far as I know, it is true that...

2nd lien on title went to federal docket

This sounds like a case with a MERS foreclosure, and a Michigan court of appeals just held that MERS does not have standing to foreclose, by publication, in Michigan. This threw title companies into a tizzy, and they are pulling out, telling the mortgage companies to foreclose again and do it the right way to clear title. You need a copy of the title report to see exactly what they are terming a "second lien" as a foreclosure sale wipes out a second mortgage. If you have a signed purchase...

11 USC 541(a)(7) Any interest in property that the estate acquires after the commencement of the case.

Your Chapter 7 estate is fixed at the time you file the case, plus anything acquired through divorce or inheritance within 180 days after that. Your attorney should answer this question for you. So, house you buy after, with after acquired funds, is NOT part of the estate that the trustee can get.

What is a short sale exactly and do you need a down payment? I am currently renting a house going into short sale.

I have a video post on my mortgage blog explaining short sales and second mortgages, http://www.michiganmortgageattorney.com/?s=short+sale The bank cannot talk to you until after the foreclosure process is complete, until after they own the house. You have to go through the owner now. You might be able to get a realtor to help you. You have nothing to lose by contacting the owner about selling to you. The owner will have to work out a short sale with the mortgage company.

Can the bank go after my deceased husbands assets if I default on one of two mortgages? My name is not on the mortgages.

Technically, I think you are saying your name is not on the note to repay the money, but you signed the mortgage pledging the real estate. I do not follow how many homes you have, is it two homes with one mortgage each, to the same company? Mortgage just means debt secured by real estate. If the loan is not paid, they can foreclose, whether you signed the note or not. Depends on the wording of the mortgages, if they say you have to be current on both, or you are in default on both, they...

My home is going to be foreclosed.

what chapter did you file? if chapter 7, and you did not reaffirm, your personal liability was already discharged. If you did reaffirm, why? However, foreclosure now would show up on your credit report, so a deed in lieu would help in that regard. Does the mortgage co. know you left the house? Much more on these topics on my website, www.stopcreditor.com

Can a collection agency garnish your spouses wages when the debt isn't theirs?

When you say "agency", who do you mean? Do you mean it was what we call re-aged on your credit report? That is, reported again with a new start date? You should get a free copy of your credit report to check. I have no idea what form you are talking about, there is none that I know of that can do what you say. Did you call the state treasurer? Are you talking about the form that says none of the refund is yours? Contact the state treasurer to make sure they did not make a mistake.

I had my condo in Michigan foreclosed on...do I still owe the hoa? They are suing me for $ even after the sheriff's sale.

Most Condo fees are a lien on the land by state law, but that does not prevent them from suing you. They can only collect once, so if they get paid out of the bank re-selling it, you are off the hook.