Isn't a foreclosure the same thing as attempting to collect a debt?

Asked by buckeyeob, Orlando, FL Fri Apr 26, 2013

I had a chapter 7 discharging my mortgage in 2005. The loan was never re-instated and I continued to make payments until my partner passed away and I became very ill in '07. I'm on my 3rd servicing company & just found out that they have reported the foreclosure on my credit report.. Since the bank & I cannot come to agreement, should I have the Judge in the bankruptcy case re-opened based on their attempt to collect this debt through foreclosure? Do I have a legal recourse against the bank reporting on my credit report?

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7
Bernard Scar…, Agent, Kissimmee, FL
Sat Jun 15, 2013
Hello Buckeyeob,

I would highly recommend you contact a real state attorney ASAP.
0 votes
Vincent Paige…, Agent, Orlando, FL
Fri May 3, 2013
Please refer your question to a real state attorney. Good Luck.

VP
0 votes
Vincent Paige…, Agent, Orlando, FL
Fri May 3, 2013
Please refer your question to a real state attorney. Good Luck.

VP
0 votes
Alan Martin, Agent, Orlando, FL
Sun Apr 28, 2013
looks like a good queston foran attorney
0 votes
Mark LeMenag…, Agent, Lake Nona Orlando, FL
Sat Apr 27, 2013
This is really a question for a real estate attorney and none of them answer questions here. Good luck to you.
0 votes
Steve Schiff…, Agent, Orlando, FL
Fri Apr 26, 2013
Bankruptcy does not mean you can stop making mortgage payments forever. Eventually, the lien holder will foreclose. Your best bet is to talk to an attorney. Who handled your bankruptcy...call them.

If you would struggle to pay an attorney you might try legal aid and see if they can help. http://www.legalaidocba.org/

If you need help short selling your home feel free to reach out to me. I have helped many people short sell their home and negotiate with the lender myself. No third parties, no upfront fees, just good representation.
0 votes
Michael D Be…, Agent, Orlando, FL
Fri Apr 26, 2013
Hi Buckeyeob,

A foreclosure is where the lien holder brings suit to regain property used as collateral on loan. If the mortgage debt was completely discharged in the Chapter 7 ,you were longer are obligated to pay. A Notice of Default/Foreclosure can stay on your credit for up to 7 years. A Chapter 7 or 13 can be reported for up to 10 years.

If you continued to pay have the debt was discharged I would contact an attorney and have him advise you of rights.

Michael D. Bellamy, P.A.,
REALTOR®, SFR, BPOR
Charles Rutenberg Realty, Inc
1900 Summit Tower, Ste. 220
Orlando, FL 32810


407.536.MIKE(6453) (direct)
407.622.2122 (office)
407-567-7551 (fax)
michael@michaelbellamy.net
http://www.michaelbellamy.net
"The Standard of Excellence"
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