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

Hayward, CA |
Filed under: Chapter 7 bankruptcy

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

Attorney Answers 5

  1. 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 advice or a legal opinion. No attorney-client relationship is created by this message. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area. I am a Federally Designated Debt Relief Agency under the United States Bankruptcy Code. I proudly help people in financial need file bankruptcy cases. IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication (or in any attachment).

  2. 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. 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. 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.

    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 legal advice or create an attorney-client relationship. Always consult an attorney in your jurisdiction about your particular circumstances.

  5. 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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