my house went on foreclosure and I filed for banruptcy and surrendered my house. The bankruptcy is gone through but then I got a letter from the court which says my foreclosure was dismiss because of none activities. Last week I got a letter saying my house was sold to another investor. Well I called the clerk of court to see if my house has been auction off and they said that case has been dismissed. What does this mean? by flfoot_998_253 from Avondale, Arizona. Oct 12th 2011
If you surrendered your house and not affirmed it in the bk, the bank owns and took back your house , and resold it .. Since the forclosure was dismissed, what you are told, is because of the bk, they can not forclose on you, but you surrrendered your house . Did your attorney tell you to surrender???? please email me at lindaforloans@live.com
I would call your attorney.Thankswwww.trustyourlo.com
I am currently working with someone that had the same thing happen to them five years ago. As long as you didn't affirm it should show be reported on your credit report as a foreclosure. You will have to wait at least three years before you are able to finance another property. I would check with your attorney to make sure.
You should call your attorney who handled your BK.. he should be able to advise you correctly.. WilliamAcres.com
If you filed your Bankrubtcy petition (BK) after the notice of foreclosure was filed but before the foreclosure occured (In Arizona, that would be the trustee sale), the lender must petition the BK court for permission to proceed with the foreclosure. If you do not reaffirm the mortgage debt and surrender the house, the lender is granted permission to proceed. It sounds like the lender did proceed and sold the home at the trustee sale to the new investor. This also means that if the lender took a loss on the sale, the shortfall was probably discharged in the BK. If you are worried that someone may come after you for the shortage, talk to the attorney that represented you in the bankruptcy.
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