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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2863
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I filed for Bankruptcy chapter 7 and was recently discharged.

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I filed for Bankruptcy chapter 7 and was recently discharged. The filing included both my first and second mortgage. At the meeting of creditors I was asked by the referee (sorry I forgot what is called) if I had the intention of keeping the house and I said yes. Since the Bankruptcy was discharged with both mortgages in it, am I still legally binded to pay my mortgage? Can the mortgage company report me delinquent and go after me for the mortgage balance? Can they foreclose on the property? I live in Miami, FLorida
When you do chapter 7, you must reaffirm the mortgages to stay responsible for them. If you do not, the home enters foreclosure and is sold unless you refinance or sell it beforehand. If you stay current, you can usually keep it, but you don't get credit on your credit report for timely payments without a reaffirmation on file. They can't report delinquent payments either, but they are allowed to foreclose if you do become delinquent.
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Customer: replied 7 years ago.
how long after I become delinquent can they foreclose in florida?

Thanks
That is really up to the lender decide. I've seen some do it 1month after bk, some work with the borrowers. Many offer loan modifications, especiallly if you have cleared out the other debt with the chapter 7
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