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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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If our mortgage was included in our bankruptcy, can the mortgage

Resolved Question:

If our mortgage was included in our bankruptcy, can the mortgage holder foreclose?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 6 years ago.
Hi JACustomer,
Is this for a Chapter 7 or a Chapter 13 Bankruptcy?
If a Chapter 13, will you be able to pay the mortgage going forward, in addition to the arrears that can be spread out for up to 5 years?
Customer: replied 6 years ago.
It was a Chapter 7
Expert:  cfortunato replied 6 years ago.

A Chapter 7 does not prevent a lender from foreclosing on a house. A Chapter 7 only prevents the lender from getting a deficiency judgment for the balance of the mortgage after the house forecloses.

 

I think this is what you wanted to know. If not, please let me know.
Thank you!

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