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Updated over 6 years ago on . Most recent reply

Account Closed
  • Somewhere, USA
0
Votes |
6
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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

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Chad U.
  • Investor
  • Boca Raton, FL
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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. 

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