Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.
Question: I filed for bankruptcy in 2005. I included my home asking to reafirm (keep).My mortgage company never sent papers for me to sign, so I guess the house mortgage was never reafirmed?The bankruptcy was discharged in 2006.Since that time I have been making house payment, but recently have fallen behind.Question - since the mortgage company never asked me to sign anything, was my mortgage discharged?
Response 1: Yes. However, if you want to continue to live in the house, you must make mortgage payments. Otherwise, the lender would foreclose on the property.
Do I still owe a mortgage?
Response 2: No. However, since the mortgage is a security interest on the property, if you do not make payments, the mortgage company would foreclose on your property. However, since you did not reaffirm the mortgage, the lender cannot come after you for the deficiency after the foreclosure sale. Your personal obligation for the mortgage was discharged in your bankruptcy.
So, I guess you are saying, I must keep making payments. OK
Since I have fallen behind, do the normal terms of the mortgage apply?
Such as: If I become 3 months late, they can start forcloseure?
And I will accept your answer.
Response 1: Only if you still want to keep the house. Otherwise, you do not have to continue to make payments. You can stay there until the lender forecloses and the new owners evict you.
Response 2: Yes. Your bankruptcy did not change your mortgage terms. Everything remains status quo.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).