Can a bank start foreclosure proceedings on you if you have already filed bankruptcy but included the home in it and it is in the processing stage?

My husband and I filed for a Chapter 7, which was finalized 12 or 13 years ago. Our home was included in the bankruptcy. About a year after we filed, we got a foreclosure notice from the bank. Our attorney was supposed to have contacted all lenders who were included, and advised them of the case number. I called the bank and explained this. I didn’t hear from them again, but I am unsure if that issue was really resolved correctly. I am thinking of buying a home again and want to know if there is a way I can find out if records exist saying I was foreclosed on?

Asked on September 13, 2013 under Bankruptcy Law, Indiana

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 7 years ago | Contributor

There are several ways to determine whether the mortgage holder was properly listed.

1.   Go to pacer.com and enter the appropriate information as requested.  This is a national source of ALL bankruptcy filings.  When you access your file, look at schedule D to determine if the secured debt was listed.

2.   Go tothe clerk of the bankruptcy Court in the district in which your case was filed.  All files are public record, and you can see for yourself.

3.  The previous reponses, however, don't answer several questions which have arisen in my mind.

Did you reaffirm the mortgage debt?  If so, are you making payments?  If the answer to either of the questions is no, the mortgage lender is within their right to foreclose.

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

You can get a free copy of your credit report at annualcreditreport.com.  If there is a foreclosure in your records, it should show up on there.


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