Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Private Lending & Conventional Mortgage Advice
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 6 years ago on . Most recent reply

Account Closed
  • Somewhere, USA
0
Votes |
6
Posts

Notice of Default after chapter seven discharge

Account Closed
  • Somewhere, USA
Posted

I'm wondering if anyone can help me with this question. 

Filed chapter seven last year, included the house (surrendered) and was discharged Nov. 2017.  Am presently living here saving money for next home, and because I'm closely following my credit score, saw a 60 point drop the other day. After researching online the steps bank takes to foreclose, I'm wondering if they've filed a notice of default. Can they do that after my mortgage was discharged? I'm told there is "something in the mail" I have to sign for and have not received it yet. 

Is that a violation of my discharge, to file a notice of default on a loan that no longer is valid? 

All I care about is my credit score, and know this place could go to auction soon. 

Thanks if anyone knows

Most Popular Reply

User Stats

1,726
Posts
1,113
Votes
Chad U.
  • Investor
  • Boca Raton, FL
1,113
Votes |
1,726
Posts
Chad U.
  • Investor
  • Boca Raton, FL
Replied
Originally posted by @Account Closed:

I'm wondering if anyone can help me with this question. 

Filed chapter seven last year, included the house (surrendered) and was discharged Nov. 2017.  Am presently living here saving money for next home, and because I'm closely following my credit score, saw a 60 point drop the other day. After researching online the steps bank takes to foreclose, I'm wondering if they've filed a notice of default. Can they do that after my mortgage was discharged? I'm told there is "something in the mail" I have to sign for and have not received it yet. 

Is that a violation of my discharge, to file a notice of default on a loan that no longer is valid? 

All I care about is my credit score, and know this place could go to auction soon. 

Thanks if anyone knows

Sorry to hear about your financial woes, but good to hear you're getting back on your feet. Unfortunately even though you filed BK7 and surrendered the property, technically you're still on title of the property even though you're not living in it.  So the lender will still need to file for foreclosure in order to take it back, and hopefully repay some of their mortgage balance.  

You can however avoid this by contacting the lender (or most likely their servicer) and offer to sign a deed in lieu.  This will alleviate the stress that a foreclosure will put on your credit score.  The good thing also is since you filed BK7 and was discharged, is that they can not file a judgement against you if they do not fully recoup the debt outstanding. 

Loading replies...