Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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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.
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