On the bankruptcy application where do I put mortgage loan? Sch F or D. Does it make a difference if the house is foreclosed?

Asked almost 2 years ago - Hayward, CA

House is foreclosed. Where does mortgage loan go on the schedule?

Attorney answers (5)

  1. Derek R. Caldwell

    Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered . If the foreclosure is complete and the house is no longer in your name, then it would be listed on Schedule F, otherwise it should be listed on Schedule D. If you are filing a 7 and the foreclosure is not yet complete and you want the house out of your name ASAP, you may want to wait to file until after the foreclosure is complete. If you want to keep the house long term, you need to file a Ch13.

    But what you really need to do is call a local attorney or two and retain them. There is a lot more to a successful bankruptcy than just filling out forms.

    DISCLAIMER: This message is intended as a general discussion of legal issues and not as a statement of fact, legal... more
  2. Dorothy G Bunce

    Pro

    Contributor Level 20

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    Answered . Once the property is foreclosed, there is no security remaining so the debt is now unsecured. If you really had to ask this question, my crystal ball tells me you will have many more questions if you continue to try to represent yourself. It will be the question you don't see that will end up causing you grief. You really deserve to have an experienced bankruptcy attorney to represent you unless you enjoy punishing yourself. Hope this perspective helps!

  3. Malcolm Wallace Ruthven

    Contributor Level 15

    3

    Lawyers agree

    Answered . You've received two excellent answers. Note in particular Dorthy Bunce's, "It will be the question you don't see that will end up causing you grief." Those are words of wisdom.

    This reply does not constitute legal advice or establish an attorney-client relationship.
  4. Ryan Cullen Wood

    Contributor Level 7

    2

    Lawyers agree

    Answered . Paying an attorney to make sure the petition is filled out properly and everything goes smoothly is worth it. Trustee's are not always forgiving when mistakes are made and that could cost you a lot of money. I have an office in Fremont, CA. We have free consultations. If not, there are plenty of other attorneys in the Bay Area that can help you and make sure your case is successful.

    Ryan C. Wood is a Bay Area bankruptcy lawyer and has been practicing exclusively bankruptcy law in California since 2007. Mr. Wood formerly worked for David Burchard, Chapter 13 Trustee for the Santa Rosa and San Francisco Divisions of the United States Bankruptcy Court for the Northern District of California. West Coast Bankruptcy Attorneys has filed hundreds of bankruptcy cases and has an “A” rating by the Better Business Bureau.

    Legal Disclaimer: Ryan C. Wood practices law in California only. Any answers to questions re not intended to be... more
  5. Alex R. Hess

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . If by foreclosed do you mean the house is already gone and you no longer have it? If the house is gone, the deficiency or left-over amount for the mortgage is going to be unsecured and should be placed on the Schedule F since no property is securing it. However, foreclosures and accurately filling out your petition Schedules can be tricky, so you should consult an attorney

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Chapter 7 bankruptcy is a form of bankruptcy where your debts are canceled, but some of your assets are sold to pay off part of your debt.

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