Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
I don't know what your attorney or the other justanswer.com "expert" is talking about.
It is a fundamental principal of bankruptcy law that a Chapter 7 discharge does not affect a secured lender's interest in the debtor's principal residence. Bankr. Code §524(j).
The botXXXXX XXXXXne is that if you don't make your payments, the lender can foreclose, period, end of story.
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I re-read your original post, and now I'm a bit confused myself. So, let's cover this once more, so that we're both certain that we're talking apples and apples. Please answer the following for me:
1. Are you late on any of your house payments, or is your loan current?
2. Did you give the doctor a lien/mortgage for these businesses secured by your principal residence?
I have not paid my mortgage in (20) months. When I was told by my attorney that is was best to put the house in the bankruptcy -- he said do not make any payments from this point on.
To the best of my knowledge -- we did (not) give the doctor a lien/mortgage secured by our personal residence.
My attorney explained to me since my primary residence was located in Baltimore, MD and one of the Assisted Living Facilities was located in Baltimore, MD that is why he felt my house was tangled up in this procedure. The doctor did file a complaint for confessionof judgement against the both of us.
My original answer is correct (unfortunately).
Listing your home in the bankruptcy was done so that if and when you are foreclosed, you would have no personal liability for any unpaid loan balance or "phantom" IRS income taxes. However, the lender can foreclose whenever it desires.
In short, you can continue to live in the property until the sheriff shows up to "help" you move. Or, you can walk away, and the lender can't touch you.
Being that the lender apparently is not interested in foreclosing, there's no particular reason not to hang out and save your money. Just realize that you are "renting" from the bank, unless your property value unexpectedly explodes upwards.
Also, if you don't pay the property taxes, then the county will foreclose and force you out. Finally, if you are in a homeowners association, and you are not paying those assessments, you will remain liable for them, regardless of your bankruptcy, because they are nondischargeable. Bankr. Code 523(a)(16).
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