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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

  1. 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.

  2. 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.

  3. 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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