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

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2 Lawyer Answers
Damon Duncan
Damon Duncan
Answered
  • Bankruptcy Lawyer
  • Greensboro, NC
  • Licensed in North Carolina

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

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

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

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