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Question Went through BK 13 in NJ, I claimed bank as secured, they ended up being unrecorded, they obtained stay relief using fake recording info, I went on to get a discharge minus paying them in and out of the BK, they tried to record in state court after discharge, judge disallowed because they couldnt explaing what happened. Now they are trying to foreclose, is this a violation of the discharge? thanks
Answer Well, trying to foreclose isn't a violation of the discharge IF they have a valid perfected lien against the property that entitles them to foreclose. If they do judicial foreclosures in NJ, then that might be seen as a violation of the discharge, since I believe that there is a monetary component to judicial foreclosures, as opposed to non-judicial which merely seeks to recover the property.
Unless you specifically had the lien issue litigated in the Chapter 13 case (via, for example, a motion to avoid the lien), then you probably still have to contest the action they are taking now in the appropriate state court. I would suggest getting a real estate attorney for that and then seek costs and damages against them if they had no legal basis for foreclosing.
