Posted on: 30th Sep, 2010 10:05 am
Filed for chapter 7 in 08,discharged in September of 08. We reaffirmed on the house because at the time we really wanted it.Now we are rethinking that for several reasons. We sighned the reaffirmation agreement so did my lawyer and the mortgage company. Since the bankruptcy my statements from the bank always state that the loan (mortgage) was discharged ,and since it was discharged we are not obligated to make any payments,and that all payments are voluntary.I questioned the bank about it and they tell me that no judge or court sighned the papers so the loan was discharged and we can give them the house back owing nothing. My lawyer says Im still liable,and will not do much more,I assume because I paid him two years ago and now when I talk to him he's not getting paid...The bank assures me the loan was discharged and that can walk away free and clear,they are supposed to be sending me a copy of the "notice of discharge" papers .Will that paperwork along with my statements saying we are not liable for the loan protect me later on if they decide to come after me for money.
Hi jktharp,
Though the loan was discharged, you have reaffirmed the mortgage when you were in bankruptcy filing. Thus, you have become personally liable for the mortgage payments. If you stop the payments now, the lender will be able to come after you to recover the mortgage dues after the foreclosure.
Thanks
Though the loan was discharged, you have reaffirmed the mortgage when you were in bankruptcy filing. Thus, you have become personally liable for the mortgage payments. If you stop the payments now, the lender will be able to come after you to recover the mortgage dues after the foreclosure.
Thanks