What is the next step in our bankruptcy? 9 Answers as of May 05, 2011

My 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?

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Law Office of Larry Webb
Law Office of Larry Webb | Larry Webb
Is your real estate agent a bankruptcy attorney? Breaking news, real estate agents are not legal specialists, consult with a bankruptcy attorney in your geographic area.
Answer Applies to: California
Replied: 5/5/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Does your realtor have a law license? You did not reafirm. Don't sign anything that says you will still owe them money. If that is in the contract, walk away from the short sale.
Answer Applies to: California
Replied: 5/4/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
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
Replied: 5/1/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
Since there was a discharge of the mortgage loans you have no responsibility for any post-petition delinquencies and no tax event consequences.
Answer Applies to: California
Replied: 4/30/2011
Greifendorff Law Offices, PC
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
Replied: 5/1/2011
    Bankruptcy Law Office of Robert Weed
    Bankruptcy Law Office of Robert Weed | Robert Weed
    Do you want to take legal advice from lawyers, or your real estate agent. Your next step is to see a bankruptcy lawyer in your area.
    Answer Applies to: Virginia
    Replied: 5/2/2011
    Cohen & Kendziorra, P.A.
    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
    Replied: 5/2/2011
    Law Office of Nanina Takla
    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
    Replied: 5/1/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    If you did not reaffirm the debts, you do not owe anything else on the mortgages before or after they foreclose.
    Answer Applies to: California
    Replied: 5/2/2011
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