Hernando Beach, FL Bankruptcy Law Firms & Lawyers

It's called "foreclosure," and you appear to be in an odd position. The debt was probably discharged in the bankruptcy, unless it was reaffirmed. You have been staying there without paying the mortgage for over 5 years, and they have not filed foreclosure. Perhaps they will, perhaps they have forgotten. But they still have a lien on the real estate. One thing you may want to check is whether the taxes have been paid on the property. If they have not, then arrange to buy the tax certificates. This is very complicated and will require the services and advice of an attorney, but I think you may be able to clear up the lien on the property if you can get the tax certificates. That way they could not foreclose on you.

If you filed 9 years ago, there is no time bar to prevent you from filing another chapter 7 or any other consumer chapter of bankruptcy. Given the bare circumstances you outline, I expect that you would be eligible for another Chapter 7 to discharge your credit card debt. Of course, a more complete picture of your debts and assets is needed to make a solid determination.

Yes, unless the loan was incurred through fraud, it would be dischargeable in a bankruptcy case. Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.