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Bankruptcy fails as foreclosure rescue

Law of the Land

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In this case, homeowner David Coletta secured a note for $60,000 with mortgages on two properties in favor of mortgage holder Nicholas Mattera. After the homeowner defaulted on payments on the note, Mattera filed a foreclosure action in the county court. The homeowner's response failed to conform to the court's rules, and he was given an extension of time to respond appropriately. Instead of responding, the homeowner filed a Chapter 11 bankruptcy action, which automatically stayed the foreclosure proceedings. His attorney was unable to provide evidence that he notified Mattera of this bankruptcy filing. The homeowner failed to follow through with the bankruptcy case, and it was dismissed. When the homeowner failed to file a conforming response, the county court entered a default judgment in favor of Mattera, who attempted to collect by scheduling the properties for foreclosure sale. The day prior to the scheduled sale, the homeowner filed a Chapter 13 bankruptcy action, aga...