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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2501
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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If a Foreclosure judgment was awarded to a creditor after a

Resolved Question:

If a Foreclosure judgment was awarded to a creditor after a chapter 7 was filed 14 months ago. The chapter 7 was discharged (process ended) in June of this year. Can the creditor come and say he wants to foreclose based on that judgment?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 3 years ago.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Customer :

Thanks

Terry L. :

The process is that once the bankruptcy case is discharged or the creditor modified the automatic stay protection, they can proceed with a foreclosure.

Terry L. :

If they obtained judgment prior to the bankruptcy, then they can renew that action

Customer :

I consider that the judgment was illegal because it was performed while I was under the process (ch. 7)

Terry L. :

The chapter 7 discharges the debt, but the lender forecloses to transfer title.

Customer :

The judgment was dureing the bankruptcy proceeding

Terry L. :

did they bring a motion to modify the automatic stay during your case?

Customer :

Apparently no

Terry L. :

Well, you may have a defense if they didn't move correctly procedurally.

Terry L. :

However, unless you cure the default, you are just delaying the inevitable and they can start the foreclosure process in the correct spot

Terry L. :

Check your court record (can do it at the clerks office, or your attorney can do it too)

Customer :

I agree. They may start the foreclosure process from scratch. I agree, but they should not just go ahead and foreclose saying "the judge already said yes to proceed with the foreclosure"

Terry L. :

If the stay was not modified, the mortgage company was properly served, and they did this after you filed (or did not stop when you filed) then they would be wrong

Terry L. :

You can object and show the court record to the court and the foreclosure judge can rule on your objection

Customer :

That has been my argument. They aknowledged they received the notices, etc...

Terry L. :

If the judgment was entered after the bankruptcy filing, and the stay was not modified, your recourse is to vacate the judgment

Terry L. :

what is the goal here? are you still in the house?

Customer :

Thank you.

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2501
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and 3 other Bankruptcy Law Specialists are ready to help you

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