A interview in the order of foreclosure and file Chapter 7...? Here's the deal without ALL the cruel details, lol: About 4 years
About 4 years ago, I filed for Chapter 13 (I live in Alabama), couldn't cause the payments, and to make a long story short, foreclosed on my house (my dad was a cosigner, unfortunately). I've pretty much done nought with improving my credit so far, but I've not taken on anymore loans or anything since. I've get numerous negative items on my credit report as well, but my examine is mainly about the foreclosure.
I've just now been thinking about file Chapter 7, and was wondering a couple of things, actually. First, I hold a recent copy of my credit report and was curious if I actually still owe the amount of the foreclosure. I denote, the house has already been resold, so do I still enjoy to repay it?? Also, what will happen if I do have to repay it, and I folder Chapter 7?? Will the cosigner now owe the balance??
I know that I enjoy made poor choices in the past, and I am trying to fix these mistakes, so no criticism please.
Answers: You may not be eligable to wallet Chpt 7 if your original Chpt 13 was not completed.
If the house be sold for less then the amount owed, and if you did not complete the Chpt 13 and be awarded a denial of discharge then the you would fall lower than the following penalty for debtor misconduct with respect to the liquidation case or creditors as a whole. The grounds on which the debtor's discharge may be denied are found within 11 U.S.C. 727. When the debtor's discharge is denied, the debts that could have been discharged within that case cannot be discharged in any subsequent liquidation. The administration of the case, the liquidation of assets and the reclamation of avoidable transfers, continues for the benefit of creditors.
LEGAL DISCLAIMER: The advice contained herein is for informational purposes only. It is not to be construed as Legal Counsel nor Legal Advice.
Once the house have been foreclosed and sold, you no longer owe the balance of your loan, the lender have made the money back and cannot collect more from you. However, it will show on your credit report as a judgment and foreclosure for non pay-out. If you file chapter 7, and are awarded the judgment, you no longer will owe anything on any of the collateral you scheduled in the suit that you are unable to earnings. But you will have pretty much damaged your credit for a extremely very long time. It's not the end of the world, but you will obligation to work on rebuilding whatever credit you can get from that point on. We adjectives make mistakes. Good luck. Hi,
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If the creditor foreclosed and sold the house for more than the amount of the loan you can dance to court and get the surplus returned to you (at least contained by my state). If it was sold for less than the debt, later the creditor can go to court for a deficiency shrewdness for the difference that is still outstanding. (I know Colorado does not allow deficiency judgment and the creditor is stuck, but most states do)
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