Foreclosure Trial coming up, need some info

[geckothing]

What is the name of your state (only U.S. law)? Florida

We have our non-jury foreclosure trial set for January 6th. We had already claimed the house in a bankruptcy 2 years back, but i am trying to figure out what we can expect at the trial. Are we going to be responsible for anything money wise? We have been trying to talk to an attorney, but no matter how many i have called or emailed, no one has gotten back to me.

 

[FlyingRon]

Non-jury or non-judicial?

If this loan was discharged in bankruptcy and not reaffirmed, they can sell the house at foreclosure and the new owners can start proceedings to evict you.
Other than that, there isn't too much recourse they can legally take.

You might even be able to negotiate some money out of them for making an orderly exit from the property.

 

[geckothing]

It's a non-jury trial, held in chambers. I got notice that the bank was coming after me for attorney fees, but we are already facing the foreclosure and money we have has to go to moving.

 

[LdiJ]

It's a non-jury trial, held in chambers. I got notice that the bank was coming after me for attorney fees, but we are already facing the foreclosure and money we have has to go to moving.

If the debt was discharged in bankruptcy, I don't see how they can ask for attorney fees. Make sure that you tell the judge that the debt was discharged in bankruptcy.

 

[FlyingRon]

They can certainly tack certain fees on the money they seek to reclaim from the foreclosure (if the house is worth more than the mortgage this can work), but as LdiJ and I pointed out, if it was discharged, they're technically not even allowed to ask you to personally pay them let alone able to force the issue.

 

[geckothing]

So let me make sure i am understanding this.

We did keep the house on a retain and pay, but it was discharged in the bankruptcy(bankruptcy was approximately 3 years ago, foreclosure hearing is next week)

We continued to pay on the house for about a year before things got messed up with the payments because of a tax thing, negative escrow, and my wife had to stop working due to fibromyalgia and an onset of panic disorder.

I know it wont affect my credit score because the mortgage isnt even being reported to the agencies anymore.

Should that still prevent them from coming after us for fees?

 

[FlyingRon]

Again, a retain and pay (rather than an affirmation) is still a discharged debt. Their recourse is limited to what they can get from the foreclosure sale. They can't come after you for interest, principal balance, or any fees. As Ldij points out, it probably behooves you to remind them of this in front of the judge that this is a discharged debt.