Does Chapter 7 bankruptcy automatically accelerates a debt? 7 Answers as of August 12, 2017

I filed chapter 7 in 2010 and intended to reaffirm my mortgage debt. However, the bank never signed an agreement and the debt was discharged. I want to raise the statute of limitation defense, which is only valid is the debt was accelerated. The lender never sent an acceleration note.

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Ronald K. Nims LLC | Ronald K. Nims
I've never read your mortgage, so I don't know the terms of your mortgage. Most mortgages with large lenders are only accelerated if the lender sends a notice to you that it has been accelerated. You can't reaffirm a mortgage, reaffirmation of a mortgage gives a debtor significant obligations and no benefits. That will never pass the "best interest of the debtor" test. You are not personally liable on the mortgage but it is a lien against the house.
Answer Applies to: Ohio
Replied: 8/12/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
Chapter 7 bankruptcy does not accelerate a mortgage loan. You may want to actually read the terms of the loan contract.
Answer Applies to: Nevada
Replied: 8/9/2017
Danville Law Group | Scott Jordan
No, it is not.
Answer Applies to: California
Replied: 8/9/2017
Law Office of Kimberly Fives | Kimberly Fives
You're not clear about what your objective is: stay in the house, foreclose...? Whether or not you reaffirmed you've probably been paying your mortgage otherwise your mortgagee would have foreclosed.
Answer Applies to: California
Replied: 8/9/2017
OlsenDaines | Rex Daines
No, it was not accelerated. You do not have a defense.
Answer Applies to: Oregon
Replied: 8/9/2017
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