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I went through bankruptcy three years ago. I tried, but couldn't keep up with house payments. Now, the house is in foreclosure

Fort Lauderdale, FL |

and I've been answering, etc., and have been involved, going through the motions. I may even appeal when it gets to that stage. If I should lose, will there be an attempt to make me pay the opposition's fees?

I guess what I'm asking is that if I fight this foreclosure, in every which way, and lose, will I be liable for the bank's attorney fees?

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Attorney answers 4

Posted

NO, the bankruptcy eliminated the debt. The lender can only take action to recover the property, and would be in contempt of the bankruptcy court if it tried to collect any money from you related to the discharged debt, including attorney fees incurred to recover the property.

Asker

Posted

Gosh, I hope you are correct. That'll free me up to really dig in and learn as much as I can. If they try and steamroll me with a summary judgment, I'll most likely appeal. All I want is a fair hearing, not a trampling. Here in Florida, if a person read the newspaper, it was a horror show, what happened in the judicial system, especially to due process during the last four years. Just terrible.

Posted

Why don't you short sale?

Asker

Posted

For one, there's a Heloc. For two, I can't see how that benefits ME.

Asker

Posted

Mulled it over. I don't think there's much benefit for a person who's filed BK three years before a foreclosure occurs to short sale. Thought about it. Nope, not much benefit, at all.

Posted

As a Broiward County bankruptcy attorney, I can inform you that as of April 1 there is a new mandatory foreclosure mediation program. Even though you might have previously filed a chapter 7, you might be able to save your home in this new chapter 13 program. There are important features of this new mediation program which should be highly advantageous over the prior failed mandatory mediation program in state court. This program might be able to permit you to reduce your payments and save your home.

The questions and answers posted on AVVO are for general information and should not be treated as legal advice or establishing an attorney-client relationship.

Posted

No, you would not be responsible for the bank's attorney's fees. However, the fees become part of the final judgment amount, which will increase the amount of your deficiency when the house is finally sold at auction. You should consult an attorney and let them inform you of all your options. Many attorneys like myself offer a 15 min free consultation. An attorney can also greatly extend the amount of time you have left in your home. You will have much better results with an attorney than just answering and going thru the motions. Besides, many attorneys like myself charge flat monthly fees for a foreclosure defense. You'd be surprised how affordable it can be.

Asker

Posted

I believe the bankruptcy three years ago, took care of the deficiency problem, at least for my responsibility.

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