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My home was discharged in my chapter 7 back in May of 2013.

My home was discharged in my chapter 7 back in May of 2013. I did not reaffirm the loan. I sense then have remained current on mortgage payments and remain in the home. I would like to buy a new house and was wondering if it would be possible to sell my current home without any issues because it was discharged? Or would i have to contact the mortgage company? I have quite a bit of equity and worry that the lender might stop accepting my payments and foreclose on the property to sell for a profit. Thanks in advance.

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DrakeLAW

Juris Doctorate

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Here is the timeline of events: 1) April 15, 2016 - Filed

Here is the timeline of events:1) April 15, 2016 - Filed Chapter 7 Bankruptcy in the District of Alaska2) May 30, 2016 (with 60 days of filing) I filed Official Form 427 expressing that my residential lease would not be assumed (we decided to reject the lease and seek more affordable housing).June 11, 2016 - Notified Landlord that we have completely moved out (Please note that rent was paid in full up to July 1, 2016) so we thought we were doing the right thing by leaving early once we knew we would no longer be able to afford the apartment.We are 100% sure that the landlord received our notification.The landlord just sent me a collection notice and notice of a pending late fee if I do not pay July-September rent. He also included the following statement "Bankruptcy will not protect you from your early termination of our Rental Agreement nor for any damages to the property (there were none). Once damages have been assessed, they will be forwarded to you for immediate payment. Until then, rent is due per our agreement and both rent and late fees will keep accruing through the end of September when your lease ends. If you decide not to pay and not to abide by or agreement, you will also be responsible for any attorney and collection fees. Choose wisely."

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TJ, Esq.

Juris Doctor (JD)

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Q1. Do I own my home or not? Q2. How much do I owe on it?

Q1. Do I own my home or not? Q2. How much do I owe on it? Details: Mortgaged home in Jan. 2009 to Taylor Bean & Whitaker. More or less a year later TBW declared bankruptcy, and we were advised to make our payments to CENLAR. Then, in 2012 we moved from Calif. to Utah where we rented while at the same time renting our home out in Calif. Then, in 2013 we had to take out BK ch. 7, and declared our intent / desire to retain our home. The BK Court allowed us to do so because at that time the market value of the home was less than the balance owed on the mortgage. Cenlar knew all about this, and continued to take our mortgage payments. In Feb., 2015 they transferred our loan to NationStar and we began making payments to them. My confusion / doubt stems from: ***** 2015, Cenlar reported to Equifax & Transunion that our loan was closed in the ch. 7 BK. This, to me, is a flat out lie. In addition, NationStar refuses to report our unblemished payment history to any of the credit bureaus unless we sign a paper reaffirming the debt. This, to me, is totally unnecessary because the mortgage loan was never a part of the BK. We specifically requested and were granted an exception. Nevertheless, we are now preparing to sell our home in Calif. and (hopefully) buy another in Utah (the home's value has gone up quite a bit since 2013). I do not want anything to go wrong during the discovery phase of escrow, once we get a buyer. Perhaps by some weird loophole in the law or time limit or something we have lost title to the home, and CENLAR / NationStar are simply continuing to take our money, either dishonestly or out of ignorance. I need to know for sure what our legal status / position is. Thanks.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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I am about to start divorce proceedings and it looks like I

I am about to start divorce proceedings and it looks like I am going to have to file for bankruptcy due to my husband's addiction and spending all of our money. We had to live on credit cards. Is this something to consider now? Also, I'm a single mom and my rent is going up in December from 1500 to 1875. How badly will this effect my ability to find a new apartment? I'm in California.

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Terry L.

Partner

Doctoral Degree

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2,848 satisfied customers
I have a question about bankruptcy. Me and my husband lent

HelloI have a question about bankruptcy. Me and my husband lent my mother-in-law almost $4000 to pay for moving expenses and her first month rent on her apartment. She was in the process of selling her house at the time and would pay us back out of the money she got in the sale of the house. The house was on the market for a year before it sold. She finally sold it in May and pay us back the money she owed us. She is now having to file for bankruptcy. She met with a lawyer, in Maryland where she would be filing for bankruptcy and the lawyer informed her that if she filed there is a good chance that she would need to get the money back from us. We do not have that money in our checking account because it was used immediately to pay down a credit card. The money was borrowed and repaid, it was not a gift. Can you tell me if this is truly the case.

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legalg

Juris Doctorate

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12,864 satisfied customers
Looking at my options to file ! : No. I was just doing

Looking at my options to file for bankruptcy!JA: The Bankruptcy Lawyer will need to help you with this. Have you consulted a lawyer yet?Customer: No. I was just doing research on it firstJA: Please tell me everything you can about this issue so the Bankruptcy Lawyer can help you best. Please give me a bit more information, so we can help you best.Customer: I have over 19,000 dollars in credit card debt, student loans, personal loans, I recently bought a house with my ex and I am no longer living there so I go a place I could not afford and started paying bills and using my credit cards for help, now I am struggling paying it back and falling behind on rent and car psymentsJA: OK. The Bankruptcy Lawyer will need to help you with this. Is there anything else important you think the Bankruptcy Lawyer should know?Customer: Like?JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Bankruptcy Lawyer about your situation and then connect you two.

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5,138 satisfied customers
Only please, again, hopefully, you are having a good Sunday!

For Barrister, only please,Hi again, hopefully, you are having a good Sunday! We wanted to get your advice one more time on the issue with the attorney in Houston for AMEX. We did speak with them, and they offered a "Temporary Payment Plan" which includes a confirmation letter of same, and a document for the "Agreed Judgement" as you explained to us. The payment plan is for 6 months at 350.00 per month, and at that time, the letter reads as follows: "American Express will reassess your financial situation after six (6) months to see if you have the ability to pay larger payments or pay the account in full". The balance claimed is $39,512.77 which includes the court fees. Okay, here is our question: By signing this agreement, does this preclude AMEX from ever settling for a smaller amount? As mentioned in our previous conversation, they offered a settlement that expired January 22, 2016 for $23,400.00. The payments were almost 1000.00 per month for 24 months. Of course we could not afford those payments. (FYI, when we mentioned this "settlement offer" from AMEX to the assistant at Degrasse & Rolnick, the attorneys for AMEX), she seemed surprised that we received the settlement offer). As mentioned to you previously, we need to get to another state to prepare for a complete move back. We have been renting there. We thought that by agreeing to this arrangement at this time, it would allow us 6 months before having to either declare BK, or figure out a way to repay the debt. We did submit a hardship letter to the assistant to the attorney, as requested by her, stating our situation. The letter stated that we do not own a home, as it was damaged beyond repair in a hurricane in 2008, nor any savings or retirement plan, and that our auto is 8 years old. She did say that she did not yet submit the hardship letter to AMEX. We find this interesting as she requested the letter in order to present to AMEX??? At any rate, does signing this letter with the stated amount of $39, 512.77 preclude us from ever settling for less??? Sorry for this lengthy epistle!! Thanks!

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

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45,524 satisfied customers
My name is ***** ***** I have debt situation to ask advise

Hi My name is ***** ***** I have debt situation to ask advise aboutJA: Thanks. Can you give me any more details about your issue?Customer: Of course and thanks in advance Here we go: I own the house that is worth about $950k and mortgage is $760k I recently lost my business and can not keep up with payments My wife makes about $100k but after taxes it is not enough to pay mortgage, cars, insurance etc Additionally I have about $70k in credit cards debt Also I own condo outright (1 bedroom), its worth about $80k no and i have a tenant Lastly , we have about $250k in retirement accounts (IRA and 401k) We have two children and I am searching for work for 2 months and can not find anything (I have BS in Electrical Engineering) So my options are : bankruptcy (but I would probably loose condo) foreclosure (but i will loose equity) sell the house (but i can not keep up with payments) Do nothing (it means foreclosure) Sale the house (it takes time and my payments will be delayed) And finaly I was thinking to borrow money from 401k, pay off credit cards, sell the house and hopefully return money to 401k from equity and then rent something..... I am badly Screwed.......Any advise?JA: OK got it. Last thing — Bankruptcy Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.

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Phillips Esq.

Attorney

Juris Doctor

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17,204 satisfied customers
If I purchased my home with a land contract subject to the

If I purchased my home with a land contract subject to the current mortgage. The only stipulation was that I had to put the mortgage in my name by Jan 2017. Anyway, I am currently 30 days behind in payments as of April 1, 2016.My question is that if I do not pay April Rent/mtg what is the process timeline for the mortgage holder/landlord to evict me. I am planning on filing bankruptcy at the end of April. I would like to stay in the home till the end of June but I need to know my legal rights and the timeline/process for eviction in Oregon.

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Roger

Litigation Attorney

Doctoral Degree

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33,150 satisfied customers
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