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We filed ch.13 in 12/07 this was discharged in 12/10. we were buying a house. received 2 letters of auctions of the house .

Richmond, VA |

we moved out about 21/2 yrs ago thinking the house was auctioned off and we no longer owned it. about 3mos. age we received letters from a mortgage co. telling us they now own our mortgage. we never received any information that we still owned it in the last 2 /12 yrs. please tell me if we can file bankruptcy on the 2 mortgages on this house or do we have to wait a certain amount time because of the ch.13 filed in 12/07 i just feel like killing myself. also what will some thing like this cost to do?

Attorney Answers 4


  1. When you say the house was "auctioned off" are you saying that you surrendered it to the mortgage lender through the Chapter 13 bankruptcy or did you simply walk away from it?

    Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.


  2. Before you lose any more sleep over the letter from the mortgage company you should contact the attorney that handled your Chapter 13. If you surrendered your interest in the Chapter 13 Plan then you debt to the mortgage company was discharged during the bankruptcy. If it was discharged then the mortgage company is violating your discharge.

    Next, if the mortgage was not discharged for some reason, which I think is unlikely, your ability to file a Chapter 7 depends on what percentage of unsecured debt you paid during your Chapter 13 plan.

    In both cases you need to go back to your Chapter 13 attorney to get some clarification. The likelihood is that the debt was discharged and the attorney will confirm this. Hope this helps.

    This answer in no way creates an attorney-client relationship. The answer is not a complete answer and requires additional facts in order to provide the best options. The submitter accepts the risk of relying on such an incomplete answer and waives any claims of damages for doing so. As stated in the answer the submitter should contact a qualified bankruptcy attorney is discuss these issues further before any action is taken. Any action taken without advise and counsel of a qualified attorney is inadvisable.


  3. I agree that the house was likely included in your Chapter 13 bankruptcy. The mortgage company may just need notice of this previous filing and discharge. Your previous bankruptcy attorney will be able to provide this for you.


  4. Your house may not have been properly surrendered in the 13. Your case can be reopened but must be done properly. Either your attorney should have arranged to have it quick claimed to the lender or he/she would have filed a motion forcing the lender to accept a quit claim deed. Regardless, I am sure a good foreclosure attorney can challenge the new lender.

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