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We filed Bankruptcy in Florida in 09, Chapter 7 . We are now getting papers on Foreclosure on this property ,including backtaxes

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Filed under: Bankruptcy

We don't under stand why this is going on . One of the papers Motion for summary final judgment of foreclosure . It almost sounds like they are trying to collect the back taxes . We filled Chapter 7 in 2009 . We did call them to tell them about the Bankruptcy . One of the letters also has a check of Notice of dropping Defendants ? We did call the court they say no notice of Bankruptcy . Will this all come out ? Help

Attorney Answers 3

Posted

Please carefully read the Motion for Summary Judgment. If the Plaintiff does not specifically request entry of a money judgment against you, then all they are seeking is to set a foreclosure sale so they can realize the value of their collateral, as opposed to pursuing you for money. You might consider a short-sale because many lenders will stop the foreclosure process and offer incentives to you to engage in a short-sale.

Posting questions anonymously and receiving general answers do not substitute for consulting with an attorney licensed to practice in the jurisdiction in which you live. Answers posted here by Kevin C Gleason are only intended for general education of the public on legal matters. Please consult a qualified professional before deciding what to do about your situation.

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Posted

We had our Bankruptcy in 09,Chapter 7 . This is why this is confusing why we are getting these papers . They listed back taxes . We moved out also in 09 .

Kevin Christopher Gleason

Kevin Christopher Gleason

Posted

I fully understand the confusion. You thought that your bankruptcy would put all this behind you. The bankruptcy relieved you of any financial obligations to the lender and the taxing authorities, but the bankruptcy did not end the foreclosure process. The lender must finish the foreclosure as against the property only (and not against you) in order to be paid the value of the property through the foreclosure sale process. You can still do a short-sale after you move out but the number of programs available through which you might get some money are more limited. Does not hurt to consult with an expert.

Asker

Posted

If they are foreclosing on the property only (and not against us ) will there be a hearing and do we have to attend ? Yes we are very about this . I am also surprised about doing a short sale. We vacated that home 4 years ago. Thank you .

Kevin Christopher Gleason

Kevin Christopher Gleason

Posted

There will be a hearing and you need not attend unless or until you are served with a summons, which is highly unlikely. Surprise! You still own the property and have the right to sell it. Sorry you missed the opportunity to rent it out for the last 4 years.

Charles Ross Smith III

Charles Ross Smith III

Posted

Attorney Gleason has suggested that you read the Complaint and see if in the "Demand" portion the bank has asked for a judgment against you. Usually, you will see a "WHEREFORE" clause in near the end of the Complaint. You seem to desire to be absolutely certain that you are not named. That's understandable. You may have to go to an attorney for that, if all of my other suggestions fail.

Anne-Marie L. Bowen

Anne-Marie L. Bowen

Posted

If the bank asks the court to retain jurisdiction to enter a "deficiency judgment", then they are asking for money against you. I recommend you DO attend the foreclosure summary judgment hearing so that you can tell the judge in person that you received a discharge in bankruptcy (bring your discharge paper with you). Because of the discharge, you are asking the judge to not allow the bank to come back later for a monetary (or deficiency) judgment against you. This is your one and only case, while the bank's attorney and judge handle thousands of foreclosure. It is up to you to remind the judge about your bankruptcy.

Posted

The property taxes are a lien on the property that accumulates and gets paid AHEAD of the bank's mortgage. The bank is probably not suing you personally. Your bankruptcy effectively discharged the note or "IOU" on the home. But it did not discharge the "mortgage" on the home. The house remains titled in your name until the foreclosure changes the title out o of your name. They are probably simply filing a foreclosure against the home that stands titled in your name still.

To make sure that what I say is true, take a copy of the suit in to your old bankruptcy attorney. Ask them to check the suit and see if you were sued personally for the mortgage or if the bank simply is asking for the home back,

If you were sued personally, then the lender is in contempt of the Bankruptcy Court. You attorney can force them to to take out the parts of the lawsuit that ask for cash from you personally. And they will have to pay your attorney fees. Good luck.

Don't forget to click on the "Best Answer" button, if you appreciate this wit and wisdom. This answer is not intended to create an attorney-client relationship and may not be relied upon as legal advice. A careful examination of the facts is necessary before a legal answer may be relied on. You should consult your own attorney before taking or refraining from any legal action.

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Posted

We are waiting for our attorney that did our Bankruptcy 4 years ago to return our call . The way the paper states it is confusing how it reads. The Company that is sending all this paperwork claims they know about the Bankruptcy though one person seemed surprised they actually had to get some one else to say they weren't going after money just getting the house out of our name.

Charles Ross Smith III

Charles Ross Smith III

Posted

It sounds like the mortgage company is PROBABLY not filing against you personally. Surprisingly, you may get your best response from the attorney who is suing you. That attorney and their assistant or paralegal will know the answer to your question. Their email address is probably written on the "Complaint." So, write them directly and ask simply if they are claiming any damages from you, personally. I bet that you get a nice response. As for your own attorney, try calling and reminding them that you are a former client. Then say that you want an appointment to discuss a possible Chapter 13 because you have been sued on your mortgage. At the appointment you can spring your question on them, first thing. Bring a copy of the Complaint with you. If you are not being sued personally, there should be no reason for a Chapter 13. You will go home happy, I hope. Good luck.

Asker

Posted

We have contacted the place that is filling against us , at least 3 times . Each time it is a different person they each have said they are not suing us just trying to get it out of our name .When you look at the paper work does not mention anywhere about our Bankruptcy . They do say it is noted but not on any of our copies from them . They say we will be getting a lot more. We filled chapter 7 in 09 . We have tried calling the attorney that handled our case still no phone call . It also mentions there attorney fees . Thanks so much

Asker

Posted

The attorney fees are after the Wherefore.

Charles Ross Smith III

Charles Ross Smith III

Posted

The bankruptcy doesn't need to be specifically mentioned. All you want to be sure of is that there is no specific request for a judgment against you. Any attorney fees requested will come from the sale proceeds, unless there is a specific judgment requested against you personally.

Posted

From what I have heard, foreclosure is a very slow process in Florida and with you having filed bankruptcy, the mortgage company is only now getting around to proceeding with the foreclosure. It might be smart to contact a realtor with connections to your mortgage company to see if you can do a short sale so that no foreclosure ends up on your credit record.

Because of your bankruptcy, you are not liable if there is a difference between what you owe & what the property sells for. Hope this perspective helps!

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Posted

Our Bankruptcy was discharged in 09 .The paper work we are now getting which is a surprise ! We also vacated that house in 09 .

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