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Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 5749
Experience:  20 years of professional experience
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I filed bankruptcy chp.7 and continued to pay my mortgage,

Customer Question

I filed bankruptcy chp.7 and continued to pay my mortgage, its been 7 years and now am faceing forcloser. Am I responcable for the loan?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 6 years ago.
Do you know if you formally in writing reaffirmed the loan in your bankruptcy or not?
Customer: replied 6 years ago.
I don't think so. Is it a differnt paper?
Expert:  Maverick replied 6 years ago.

Yes, your bank would have made you sign a reaffirmation agreement and you would have also told the court that you were re-affirming the loan. If you cannot remember, you may want to contact the lender and see if they have a reaffirmation on file and if they do to send you a copy.


If there was no reaffirmation type agreement, then you are not liable on the note since the debt/mortgage would have been discharged in the bankruptcy 7 years ago. If you did sign to reaffirm the loan, then yes, your non-exempt portion of the assets, would be subject to attachment for any deficiency judgment.


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