Often our clients may have filed bankruptcy and are commonly under the belief that as they may have surrendered a property in their Chapter 7 Bankruptcy or their Chapter 13 BK that they can forget about everything and move forward. This is many times a misconception because the lien holders must continue to proceed with their payment schedules until they are defaulted on as per the terms set out and at that time they can proceed with gaining the power of sale through either a judicial or non-judicial foreclosure depending on the state.
The issue is that from the time that the BK is discharged till the time the lien holder takes back the property, the now discharged debtor is liable. That means that all the legal remedies including judgments and garnishments of your wages can still take into effect from all the fees assessed since the date of discharge.
THIS SHOULD NOT BE CONSIDERED LEGAL ADVICE. PLEASE CONTACT AN ATTORNEY FOR LEGAL ADVICE. IF YOU SEEK ASSISTANCE PLEASE CONTACT A BANKRUPTCY PROFESSIONAL.
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UPDATE: Even after foreclosure, if someone still resides in the property prior to eviction, the possessory interest would appear to continue such liabilities.
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