What to do if I filed bankruptcy a few years ago and was given the relief but the mortgagee is just now getting their foreclosure and is trying to sue me for legal fees connected with it?

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What to do if I filed bankruptcy a few years ago and was given the relief but the mortgagee is just now getting their foreclosure and is trying to sue me for legal fees connected with it?

Asked on April 30, 2013 under Bankruptcy Law, Florida

Answers:

Monique Okoye / Vulcan Legal Group

Answered 10 years ago | Contributor

There are a lot of factors in your case. If you filed a chapter 7 and surrendered the house then you are not liable for any default judgments (which would include legal fees). If you filed chapter 7 and reaffirmed the debt, then you are responsible for the default judgment. If you reaffirmed the debt, your bankruptcy lawyer would have had you sign documents, and told you to continue to pay for the house.

You should speak to a lawyer as soon as possible, before the bank gets a judgment against you that may or may not be valid.

 

Good Luck!

 


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