Am I still liable for my mortgage after chapter 7 bankruptcy?

Date: Tue, 09/17/2013 - 16:20

Submitted by anonymous
on Tue, 09/17/2013 - 16:20

Posts: 202330 Credits: [Donate]

Total Replies: 2

I filed Chapter 7 bankruptcy in Florida back in 2005 after my divorce. There is a reaffirming of mortgage debt form in the papers but it's not signed by anyone and I don't recall it being discussed. Since the discharge all correspondence and phone calls with the mortgage company always include "to the extent your original obligation was discharged, or is subject to an automatic stay of bankruptcy under chapter 11, this statement is for compliance and/or information purposes only and does not constitute an attempt to collect a debt"

I ended up defaulting on the loan in July of 2011 after being laid off. I am currently attempting a short sale but my realtor tells me I may not be responsible for the lien because of my chapter 7. If I can't sell it I'll be looking at the deed in lieu process. Basically, I am extremely concerned about being pursued by the mortgage company for a delinquency judgment. Should I be? Any info would be most appreciated.

If you did not reaffirm the

If you did not reaffirm the loan you have no liability to the lender for payment. The lender can foreclose its lien but cannot sue you for the balance on the contract. If you are not sure if you signed a reaffirmation agreement call the bk court and ask someone to check the docket to see if one had been filed.

Des.

lrhall41

Submitted by anonymous on Tue, 09/17/2013 - 18:00

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Thanks for the reply. Well

Thanks for the reply. Well today I heard back from the office that handled my chapter 7 in '06. They said due to the age of my case it appears my file was destroyed BUT I was told they looked on some tool called "Pacers" (For attorneys) and they do not show any type of reaffirmation document filed in the court. The lady advised me to contact my mortgage company to ask them if they have such a document there. So, If it's not there I can basically mail them the keys? Many thanks.

lrhall41

Submitted by anonymous on Fri, 09/27/2013 - 12:30

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