What to do about a foreclosure and bankruptcy?

My husband and I declared bankruptcy, which was completed 12 or 13 years ago. The home we had at the time was financed with a bank, and we included it in the bankruptcy. I think there was a mixup somewhere. Well over a year after we moved out of the home, we received a foreclosure notice from the bank. Our attorney was supposed to notify all of our creditors for us, and I thought they could not say they foreclosed if we gave it up in bankruptcy. I called the bank when I got the notice but I fear the foreclosure is on a record somewhere. Can they do that? How can I find out if it is listed as foreclosed and get it fixed if it is?

Asked on September 10, 2013 under Bankruptcy Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Generally speaking, what happened in your case is exactly what happens in a foreclosure.  If you do not reaffirm your house in the bankruptcy by signing those docuemtns with the lender then the lender will petition the court to foreclose. What foreclosure protects you from is the lender coming after you for the deficiency if the house is under water.  Run your credit report.  Tehn get help.  Good luck.


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