bankruptcy 2018. was walking away from my rental property but noticed some problems with the foreclosure case. fannie mae still owns my home and the servicer made no mention of fannie mae and made it out the mortgage was reassigned to them when fannie mae admitted to still owning the mortgage. I am fighting because i do not want the wrong person to foreclose then years late someone else trying to collect. It looks like it will be going to a hearing. Am I going to have to pay for the lenders attorney fees. I know that I would not be liable for any deficiancy judgments but I want to make sure that I will not owe the lender attorney fees.
You will not be liable for the lenders attorney fees. Your personal liability is discharged by the bankruptcy unless you filed a reaffirmation agreement. Your bankruptcy attorney should have told you as much. Good luck.
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This is a useless exercise since you have already filed for Bankruptcy. However, if you find a CT mortgage foreclosure defense attorney that really needs the money, you may get someone to take your case. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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As Probate Judge Rosenberg stated, you will not be personally liable for any claims related the underlying debt beyond the value of the real estate, unless you reaffirmed the mortgage note.
However, you should consult an attorney regarding the specifics facts of your case because this answer is provided solely for informational, educational, and guidance purposes and would be different if different facts exist.
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