My house was taken out of bankruptcy and into foreclosure. Should my atty have allowed this?
Question Details:
I filed for Ch 7 in 06/09. I own a house in Florida I want to have discharged. In Sept, the mortgage company filed a Motion for Relief. My atty said not to worry about it, that I was personally protected under the bankruptcy and that I would not owe any money on the foreclosure. Is this correct? The Motion was granted and I have now been served with summons for the foreclosure. I am scared he gave me bad advice and I will end up owing money on the house, or having a FC in addition to the BK on my record. He is now out on medical leave. Can anyone explain to me what I should expect?
Bankruptcy Law Answers
Based on what you've said here, the bankruptcy will protect you from any deficiency judgment, if the foreclosure sale of the house doesn't cover what's due on the mortgage, and the loan/deficiency will be included in your discharge. The mortgage company had to file the motion and get the court's permission to go forward with the foreclosure; your attorney had no real way to prevent that, if you can't make the payments. You're going to lose the house, and you had to be served with the papers, but you haven't said anything that indicates that anything is out of control here.
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