Are you sure that you did not sign something else? At first blush, it sounds as if you didn't sign a reaffirmation agreement for either mortgage, but just think that you did. And even if you did and your lawyer just stuck it the file, those debts have already been discharged.
I almost never recommend that a Chapter 7 client reaffirm a mortgage.There is no advantage in doing so, unless the lender offers new loan terms that are incredibly favorable to the borrower -- which is extremely rare.
This is a fascinating question, which was actually just (sort of) addressed last month by the Supreme Court's decision in Hamilton v. Lanning. That case wasn't about a Ch. 7, but involved a Ch. 13 in which the debtor's prior six-month income included a buyout that represented an income "increase" just prior to her termination (which, of course, means zero income). The debtor argued that her lowered projected disposable income was a "special circumstance" under the Bankruptcy Code that would...
You were named in the complaint because you are someone with, arguably, an interest in the property (for all they know, you could still be living there). For this reason, complaints will also name "unknown heirs and legatees" or "unknown occupants." So, assuming it is true you did not sign a note or assume the mortgage in some fashion, you will not be held liable for the debt.
I agree with the previous answer Morever, Mr. Wagman has an excellent point that the creditor has no incentive to negotiate at this point. And the attorney has no obligation to do so. The only way the creditor could garnish is if the creditor has a judgment against you. If you weren't served, you may be able to get the judgment vacated.
My colleague is right -- there is simply non way to answer your inquiry without reviewing the loan modification documents. I recommend a consultation with an experienced lawyer, who can most likely review it and give you advice in less than an hour. it would be well worth the money, in my opinion.
There are a few ways you could go about it. As pointed out by one of my esteemed colleagues, you can check the court docket at www.cookcountyclerkofcourt.org. Select "online case info," then "full electronic docket search." Under "Division Name" select "Chancery." Then go to "Search by Name," select "defendant," and then type in your landlord's name. This may not work, though, if your landlord owns the building in another name, such as "Landlord's Building, LLC."
Another way you can...
If you are asking if a traditional IRA is safe from a judgment creditor, the answer is yes. A traditional IRA is a retirement plan under the applicable provisions of the Internal Revenue Code of 1986, as amended. Please see the Illinois Statutes at 735 ILCS 5/12-1006.
Your question makes it sounds as if, despite the surrender of the home, you are being pursued for a personal deficiency. If that is the case, I strongly recommend a consultation with a foreclosure and bankruptcy firm.
My esteemed colleagues are correct. Dual tracking is permitted in Illinois.
As to whether you dispute the validity of the debt -- I recommend a consultation with a foreclosure attorney on this issue, so that the attorney can review the letter.
It sounds as if you may not have paid any new HOA fees that accrued after filing the bankruptcy. When you file for bankruptcy, the only HOA fees that you get to discharge are those that were incurred before the bankruptcy filing. Any HOA fees that accrue after your filing are, unfortunately, still your financial responsibility. If you did not pay them, the HOA can take action to evict you and collect on any unpaid assessments.
There is a silver lining. If you received a discharge,...