What is the next step in our bankruptcy? 9 Answers as of May 05, 2011My foreclosure has now gone to civil court, as the mortgage companies gave the ok to proceed with a short sale. I'm ready to go sign the paperwork this week. I never reaffirmed my 2 mortgages in my bankruptcy. That was my previous question, can they come after me for any monies since I did not reaffirm? All answers indicated no, they can't. Now my real estate agent said that since I paid the mortgage for 2 1/2 years after bankruptcy, I may be held responsible for any delinquencies. Yet, I did not reaffirm. I tried to keep the house, but just couldn't financially do it. Does it matter that I stayed in the house and paid the mortgage for 2 1/2 years?
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
It doesn't matter that you continued to pay or that you lived or remained in the house. You liability on the debt has been discharged and you can walk away.
Answer Applies to: Indiana
Greifendorff Law Offices, PC | Christine Wilton
If you listed the mortgage holder (creditor) in your bankruptcy papers and served them notice of your bankruptcy filing, the debt owed to them has been discharged. You must have received notice of Discharge for this to be correct. Having stayed in the home and paid on the mortgage would have no legal effect on the debt having been previously discharged in your bankruptcy.
Answer Applies to: California
Cohen & Kendziorra, P.A. | Robert S. Cohen
Your realtor is incorrect. The note was discharged in the bankruptcy. Be careful of any documents you sign at the closing. The bank may put in language that may obligate you on the note. Have an attorney review the documents before you sign.
Answer Applies to: Florida
Law Office of Nanina Takla | Nanina Takla
Don't take legal advice from a realtor. If you received a bankruptcy discharge and didn't reaffirm the mortgages, then you are not liable for any debt to the mortgage companies. The reason why you paid on your mortgages and the reason why they can foreclose if you don't pay is because the bankruptcy did not get rid of the mortgage liens on the property.
Answer Applies to: Oregon