Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Thank you for providing the additional information. Now back to your original questions: I have both a first a second mortgage with BoA. I am current on both and I intend to stay current through a chapter 7. Will BoA reject my payments and force me to reaffirm? Response 1: Reaffirmation is voluntary. So, your lender cannot force you to reaffirm. If you are not behind on your mortgage payments and you intend to continue to make the payments, your lender cannot refuse your payments. Can I lose my home if I don't reaffirm? Or is this completely up to the judge? Response 2: No you cannot lose your home if you do not reaffirm. You would lose your home however, if you do not make your payments on time. Does anyone know how BoA handles this? Response 3: The lenders I have dealt with will not file a motion for relief from the automatic stay for authority to foreclose on their mortgages when the homeowners are up to date with their payments. I have never seen a lender foreclose on a homeowner who has filed for bankruptcy protection but the homeowner is on time with her mortgage payments.