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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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A couple who are not married but living together for over ten

Resolved Question:

A couple who are not married but living together for over ten years.They live in North Port Fl and have another in Osprey Fl. Have not paid on either mortgage owned by Bank of NY. North Port house was foreclosed and today was supposed to up for aution and one filed ch7 and the other filed ch 13 halting the Bank of ny to reposses . Would like to find out if they can keep North Port house. Hope not.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 8 years ago.



In order to keep the house in a chapter 7, you must be current on payments and enter into a reaffirmation agreement with the lender. If that was not done, then the house was surrendered in the bankruptcy and the mortgage loan discharged. The North Port house you say was foreclosed and suppose to be sold today. If this was the house in the Chapter 7, then it was surrendered and the bank will beging eviction proceedings to have you move, if you don't move voluantarily.


In a Chapter 13, the foreclosure action is stayed, as long as the sale of the house in foreclosure has not taken place prior to the bankruptcy filing that house goes into Chapter 13 and is not foreclosed on.

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