Can a mortgage company do this after bankruptcy? 21 Answers as of November 09, 2012

Seems to me that you should consult with an attorney about this type of issue. It is complicated and there is a lot of money and your home involved, and an attorney would also want to see the relevant paperwork. An attorney may want to be paid a consultation fee but I think it will be worth paying it to get a well-informed analysis of your rights and responsibilities.

It doesn't sound like the problem is a lack of a reaffirmation. If you are late in the payments, whether you reaffirmed or not, the lender can still foreclose for past due payments.

They should have received over $60,000.00. You lived there. The fact that you cannot make payment means that they can foreclose. Your reaffirmation would have only hurt you now as they could foreclose and sue you for any deficiency.

I don't understand your question. If they received payments through a chapter 13 , everything was stayed. If the bankruptcy was completed you should have paid off the arrears. If you have failed to pay since that time they have all their rights. Possibly a chapter 13 is needed now.

Thank goodness your attorney did not reaffirm your mortgage. If they had, you would be personally responsible for the note on the house that you can not pay. Now you will get to live in the house for free for about 1 year while the bank eventually forecloses and then you will walk away owing nothing. An excellent result. Be happy. Your attorney did well.

You are required to make payments on a mortgage if you are living on the home. You don't have to reaffirm to keep the home. All you need to do is continue to make payments. However, if you stop making the payments the bank can foreclose on the property.

This situation sounds like something you should be discussing with your bankruptcy attorney. You would have to sign documents reaffirming the mortgage, not the lawyer. If you want to keep a house, you have to pay the payments, regardless of whether the debt was reaffirmed. The debt was probably discharged, meaning that you do not owe the money. The mortgage company would still have a lien on the property and can foreclose if payments aren't made. In order to keep the house at this stage, you can bring the payments current. It works to your benefit, probably, that the debt was not reaffirmed, because they cannot get a deficiency judgment against you.

If the mortgage was not reaffirmed by you during bankruptcy, the bank cannot sue you for the debt. However, the bank still has a valid security interest in the house that allows them to seize it in case of nonpayment. You can try to workout a deal with the bank to keep the house.

Reaffirmation of mortgage debt is unnecessary. If you are in default your lender will foreclose. It has nothing to do with reaffirmation.

Go back to your bankruptcy lawyer. That is who should have helped with the reaffirmation UNLESS you did not wish to reaffirm and it said so in your bankruptcy filing. If you have lived there for over 6 years, you paid $10,000 per year, which is only $833 per month rent,which seems like a good deal! Since I do not know enough detail, I cannot give you more of a answer.

Actually the fact that you didn't reaffirm is a good thing because you are not personally liable for the delinquency or any deficiency. Had you reaffirmed it would be as if the bankruptcy had never been filed with respect to the bank. Even though you didn't reaffirm the bank retained its mortgage against the property and can foreclose if payments aren't made. As for the payments you made, it appears you have lived there since 2005 through 2011 and those payments would probably be considered rent. If the total payments exceed the fair rental value of the property you might be able to recover the excess.

You are a victim of predatory lending.

The mortgage company can foreclose if you are not current. Be sure to try to bring your payments current or contact the various mortgage help lines that exist to assist homeowners facing foreclosure.

Unfortunately, since a mortgage is a debt secured by a collateral, they can take the collateral away if payment is stopped, regardless of the bankruptcy. They can take it away at any time if payment is stopped. You could file another bankruptcy to stay the lawsuit, but it won't help you to save your property unless you continue to pay. However, since you did not reaffirm the mortgage, your personal obligation is gone, meaning that if they do foreclose on the property, you won't be liable for the deficiency or the remainder of the debt personally.

You don't have to reaffirm. Your lawyer did you a favor by not reaffirming the debt. As long as you pay, you are entitled to receive title to your home at the end of your loan. If you don't pay, the bank is entitled to foreclose on your house-same as if you had never filed bankruptcy. By signing a reaffirmation agreement you would have also been obligated for any deficiency in the event of nonpayment and foreclosure. This way, if you cannot cure the default then the bank can foreclose but can't get any deficiency out of you.

Most people don't reaffirm the mortgage. Your lawyer gave you good advice not to reaffirm. Catch up the payments as quickly as you can or consider filing another 13.