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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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My mortgage is under foreclosure. I filed Bankruptcy and filed

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My mortgage is under foreclosure. I filed Bankruptcy and filed my intentions under Homestead exemptions. Can I file discharge under 522F, and if Yes, How?
Hi Zebra,

You indicated that you filed bankruptcy. I am assuming chapter 7. You have a statement of intention. You can choose to reaffirm (keep the debt) or surrender, letting them foreclose, and discharging the debt. You can change your intentions any time during the case. So, if you want to walk away, the debt will be discharged unless you reaffirm the debt, by signing a reaffirmation agreement and having it sent to the creditor for filing with the court. The bankruptcy will discharge the mortgage. The lender will then usually file a foreclosure to transfer the title back to them. Good Luck
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