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Mark
Mark, Attorney
Category: Bankruptcy Law
Satisfied Customers: 541
Experience:  14 years, real estate, tax, bankruptcy, debt resolution, and criminal law
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I was in a chapter 7 I was really behind on my mortgage

Customer Question

Hi I was in a chapter 7 I was really behind on my mortgage but was making an effort to keep the house while in bankruptcy. My last payment was in February which was also when the bankruptcy was discharged. The house was obviously listed in the bankruptcy but I losses my job and there is no way I can keep the house is it still covered in the bankruptcy
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Mark replied 1 year ago.
If you can't make the payment then they will most likely foreclose the house. If they do an nonjudicial foreclosure, then they will set the sale out about 4 to 5 months. They may also file a motion to lift the stay prior to setting the sale. You may want to contact he lender about getting cash for keys. Some lender will pay you to surrender the property or do a deed in lieu of foreclosure as it saves them the cost and time of doing a foreclosure. I hope this answers your question. If not, then please reply. Thank you.
Customer: replied 1 year ago.
I will do that. It's called cash for keys? And I guess my question is am I protected because it's after my discharge and I was trying to catch up before my discharge but I'm still 2 months behind?
Expert:  Mark replied 1 year ago.
Protected? I don't know what you mean. You would need to keep making the payments and stay current or they will foreclose. If the bankruptcy is still open, then they will probably have to file a motion to lift the automatic stay to foreclose. Did you have an attorney in bankruptcy. You might want to ask him.
Customer: replied 1 year ago.
I mean If I can't pay will the house be in my bankruptcy as clear debt so when the foreclose I don't get sues for the difference
Customer: replied 1 year ago.
And again the bankruptcy was discharged
Expert:  Mark replied 1 year ago.
I know. If the case has not been closed, they still may file a motion to lift the stay.
Expert:  Mark replied 1 year ago.
If you think I answered your question, then please accept. Otherwise, please reply. Thanks.