Every foreclosure is different, and so is every bankruptcy. What you may or may not owe your foreclosure attorney will depend on the terms of your bankruptcy. Start by checking the contract or agreement you had with your foreclosure attorney. Then, contact your bankruptcy attorney for help. In most circumstances, you will not be responsible for any debts that were discharged during bankruptcy. That will include your foreclosure attorney fees if they apply.
Another important factor is whether a reaffirmation was included in the bankruptcy. If it wasn’t, you shouldn’t expect to pay attorney fees after you declare bankruptcy. When your mortgage debt was discharged, the costs associated with that debt should go away. Take a look at the judgment that was finalized in court during your filing. You should be able to access a list of the debts that were discharged as well as any that were reaffirmed. Make sure everything is correct and then use that judgment to notify your foreclosure attorney that you are not responsible for the outstanding debt.
Again, all bankruptcies are different and the circumstances of yours will dictate whether you are required to pay the fees your foreclosure attorney may be demanding. Talk to your bankruptcy lawyer and if you are being illegally pursued for collection of that debt, get the help you need to fight back. If you aren’t able to get anywhere with your bankruptcy attorney, get additional legal help before you pay a bill that isn’t clear and you might not owe.
Stephen K. Hachey, a Florida foreclosure attorney, can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.