What happens if mortgage company for investment home files Proof of claim…

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    • #424531
      Anonymous
      Inactive

      Go and immediately get your credit score and information about your credit. If he has done anything without your consent, take any evidence you get from the credit agency to the police. He may be using your identity to get credit, and possibly frauding other companies with your name attached to his. Be careful and get this looked at right away!

    • #424532
      Anonymous
      Inactive

      Check all your credit cards and your accounts. Check your credit rating. Advise your bank about what is happening. Respond to all these offers by letting them know that there is no such person at this address and that someone is using your address without your permission.

    • #202497
      Anonymous
      Inactive

      …in Bankruptcy case in Maryland.? I am considering filing a chapter 13 bankruptcy in Maryland. I will have to do a chapter 13 because I have too much equity in my primary home to file a chapter 7. I have an investment property that I will agree to surrender in the Chapter 13. What will the trustee do if the mortgage lender for the investment home files a proof of claim? Can they file a proof of claim if I am surrendering the property back to them?

    • #263814

      I am not an attorney and recommend you speak to one about your situation, but here’s my take. Since the court/trustee has the authority in a Chapter 13 situation to compel debtors to surrender certain “luxuries” (i.e. a second home) that are not sustainable in the debtor’s payment plan based on his/her financial means, I would have to guess there are mechanisms to ensure deficiency claims cannot later be filed on such surrendered property. It just makes sense.

      Further, regardless of whether you were in bankruptcy, the deficiency on your investment property would become an unsecured, or in the case of your bankruptcy, “non-priority” claim upon foreclosure. Even if the lender had a technical right to file a claim on the bankruptcy estate, they would probably be wasting their time doing so given their priority standing. As it is, many lenders aren’t even bothering to seek deficiency judgments against foreclosed homeowners who haven’t sought bankruptcy protection.

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