Fayetteville, NC asked in Bankruptcy for North Carolina

Q: My mother filed bankruptcy 7 11/21/2014 case # 14-06800-5-dmv what I need know her house was under bankruptcy she been

making payments sent then she had no idea she didn’t have make I just found out this is their any recourse I can take

Related Topics:
2 Lawyer Answers

A: If I understand your question correctly, you are concerned because you feel like your mother has been making payments on a mortgage that she didn't have to make. If that's correct, it depends on whether your mother wants to keep the property. If she did (does) not want to keep the property, then she does not need to make payments because the Chapter 7 bankruptcy would discharge the debts. However, if she wants to continue to reside in the property, she should continue making payments on the property. Otherwise, the lienholder (mortgage company) could foreclose on the property. They couldn't go after her for any deficiency balance but could take the property. I hope this helps. Good luck moving forward! - Damon Duncan

Timothy Denison agrees with this answer

A: Check out the history of her case on pacer.gov.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.