Can I reaffirm on my house after a bankruptcy discharge?

I filed Chapter 7 and it has been discharged and my home was foreclosed on but wasn't included in the bankruptcy but was listed. Can they still sue me?

Hi Mike,

Since you did not reaffirm the mortgage while in bankruptcy, you have no obligation to pay off the mortgage. Ofcourse, in case you want to keep the house, you need to continue making payments. But if you do not want to keep it anymore, you can walk away from it. If the dent has been discharged through bankruptcy, the lender cannot come after you for the deficiency.

Hi Tired,

Your query has been discussed on the following page:
http://www.mortgagefit.com/bankruptcy/chapter7-sue.html#140513 .

i bought my house in 2004 with my then fiance. we never married and he never lived there. i did. i paid him $5000 to sign a quit claim deed to give up the property b/c that's what my mortgage lender advised me to do. i made the mortgage payments. in 2006 i filed for ch 7 and it was discharged in 2007. i asked my attorney to reaffirm the mortgage. i was under the impression it was all taken care of. i continued to make my mortgage payments like normal after the discharge. in 2008 i was unable to make the payments anymore. i quit paying the mortgage for over 7 mths and was just going to let the house go back to the bank. however, the bank never made any attempts to contact me, send me notices, or start forclosure proceedings. so i finally called them and they stated my attorney never paid the fee to have the reaffirmation started and b/c i was in bankruptcy before and it had not been reaffirmed they couldn't call me or send me anything. i was then asking them if there was a way to modify the loan. regions mortgage modified the loan, recommitting my ex to 5 more years of a mortgage. i started paying the mortgage again and have been ever sice. but i've missed two mortgage payments over the last year and still nothing from my mortgage company. my ex's name is still on the mortgage and the quit claim deed was something i bought again at the advice from my lender at office depot and was not prepared by an attorney. my ex did not sign the modification. my questions are many, i just don't know what to do now. do i continue to make the payments am i able to sell? does my ex have rights to the house or against me for what the mortgage company did? do i have any ramificaation against the attorney that didn't do what he was paid to do?

Hi MS. T,

If your ex-partner's name is mentioned on the property deed and the mortgage, then he will be considered as the owner of the property and will also be liable for the mortgage. However, if you've included the loan in your bankruptcy filing and did not reaffirm the loan, then you're not personally liable for the mortgage dues. If you cannot pay the dues, then you can simply surrender the property to the lender and he can sell it off in order to recover his dues.

Thanks,

Jerry

I filed Chapter 7 in March 2009, but I reaffirmed my home mortgage loan. My bankruptcy was discharged in July 2009, however, I have continued to pay my mortgage on time. My mortgage holder is now telling me that they cannot report to the credit agencies that I am payment my mortgage on time because my mortgage was included in the bankruptcy, even though the debt was reaffirmed. Is this correct? It just doesn't make any sense to me.

Hi Petrina!

Welcome to forums!

If you've reaffirmed the debts, then you're personally responsible for the mortgage dues. In that case, the lender has to report your payments to the credit bureau which will help you in improving your credit record.

Feel free to ask if you've further queries.

Sussane

i filed chapter 7 bankruptcy and it was discharged but i didnt put my mortgage on the chapter 7 now i cant afford payments anymore on my house can i still put it on my bankruptcy i filed in december 2009?

Hi Guest,

As your bankruptcy has been discharged, I don't think you'll be able to put your present mortgage in that filing. However, you can contact your bankruptcy attorney and take his opinion to find out whether or not you can reopen the discharged bankruptcy filing and add the mortgage to it.

Thanks

we filed a chapter 7 bankruptcy in feb 2010 and it was discharged in apr 2010 we did not include our home as we hoped the mortgage co would help lower payments but they were unwilling to do so now we are behind 4 months because of job loss can we add our home to this bankruptcy as we can no longer afford the payments?

As your bankruptcy is discharged, you will have to reopen your bankruptcy filing in order to add your home and the mortgage in it. It would be better if you could contact your bankruptcy attorney and get his opinion in this regard.

My husband passed away and the house we had was under his brothers name. I have a bankruptcy and discharged in 2009. Can I put the house under my name without any problems?

Hi Nana,

You can ask your husband's brother to sign a quitclaim deed and transfer the property to you. I don't think you'll face any problems in getting this done.

Thanks

Valentine wrote: OUR CURRENT CO. WILL NOT MAKE OFFICIAL PAYMENT ARRANGEMENTS WITH US BUT SAID THEY WOULD APPLY ANY MONEY SENT TO THE PRINCIPAL AND WOULD AGREE TO A SETTLEMENT ON THE HOUSE IF LATER WE COULD FIND SOMEONE TO FINANCE IT." Our mortgage loan was discharged through Chapter 7, but the lender still has a lien and could foreclose if we don't make payments, so we are making them. Question: Since the debt itself was discharged, and we don't owe the lender any money, will the payments we make be applied entirely to the principal?

You're not personally liable for the payments. You can stop making the payments and the lender can foreclose the property to recover as much dues as possible. The lender won't come after you for the deficient balance resulting from the property sale. If you make the payments, it will depend upon the lender whether or not he may apply it to the principal amount.

We got a car and we found out that my mortgage isnt showing on either one of our credit reports and hasnt been reported since 2005. The clincher is that they legally cannot report the mortgage on my report because of the bankruptcy unless I signed an affirmation agreement which I did but the mortgage company failed to file with the courts. SO NOW I can walk away from the house but my it still affects my husband. The issue is that since he is connected with the Mortgage they say they have a right not to file on his credit report either. What is not fair is that we have not missed one payment on our house since filed in 2001 and it is 2011. Neither one of us gets the positive credit on our report. It isnt fair to my husband and why wouldnt we just g rid of the house if we arent even getting it as a positive on either one of our credits. It is a huge payment. We could sale but wont make anything with the economy and needs reparis. They dont have to put on our credit report as a positive and cannot report as a negative on mine but if we walk away my husband can get bad credit for it. How is that fair? Please do not repsond to my post if you do not know wha tyou are talking about. I have spoke to several people including the mortgage company. It is very frustrating.