Foreclosure after bankruptcy

[peterby]

We were discharged in Chapter 7 over 6 months ago. We did not reaffirm our first or second mortgages.

 

Several months after discharge, we decided to give up on the house and stopped monthly payments.

 

The second mortgage holder recently filed a foreclosure suit naming my spouse and I as defendants. I was under the impression that if a mortgage was IIB and not reaffirmed, then a suit to forclose could only be made against the property and not against us as individuals.

 

Is my information correct or am I wrong?

 

If I am right, what would I need to do to get the suit changed so thay our names are not listed on it?

[scorekard]

Call you BK attorney and ask for his advice on this. You're right, this shouldn't be happening. You should also call the bank who is foreclosing on you and just ask them directly. Maybe they have made a mistake.