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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2900
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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If a mortgage has been discharged last April thru bankruptcy,

Customer Question

If a mortgage has been discharged last April thru bankruptcy, can the mortgage company sue for forclosure a year later?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 8 years ago.
The bankruptcy removes the debt for you, but the lien stays on the home.
Foreclosure is the mechanism to transfer title back to the lender.
You shouldn't need to do anything, or go to court.
They are not collecting on the balance, just legally transferring title to the lender again, who will sell it to a buyer at auction at the end of the case.
Be sure you are out of the house by the date of sale, to avoid any problems.
Terry L. and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.
I have no place to go - that's the problem! Is there a way to get the mortgage refinanced to stay in the house?
Expert:  Terry L. replied 8 years ago.
Since you still own the property, it still is your home to sell, refinance etc. So you can definately seek out companies who may be willing to refinance the loan. Definately an option! I assumed you wanted to walk away.