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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I have filed a CH7 and wanted to reaffirm my house because

Resolved Question:

<p>I have filed a CH7 and wanted to reaffirm my house because I do not have anywhere to go. But I have not found a Job so my attorney advised me to 'surrender' it with the ch7. He also said that I could keep making my payments as long as I want to stay in the house and if I have to stop later then I could just walk away and leave the house with no penalty. What is your opinion and advise?</p><p>another attorney told me that this is not tht truth.</p>
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 4 years ago.

Hi JACustomer,

I agree with your attorney. It is never a good idea to re-affirm any debt, unless necessary to keep property, such as a car (some car loans contracts say that if a debtor files a Bankruptcy, the car can be repossessed if the loan is not re-affirmed, but this is not the case with most mortgages).

Re-affirming debt defeats the whole purpose of filing a Bankruptcy. If the mortgage is re-affirmed and the debtor stops paying, the mortgage company can get a judgment against the debtor. If the mortgage is not re-affirmed, there is nothing the mortgage company can do to the debtor if the debtor can no longer make the payments.


I think this is what you wanted to know. If not, please let me know.

Thank you!

Customer: replied 4 years ago.

I know that ,but he said that I could stay inthe house and keep making the payments with the house INCLUDED in the ch7 and I could stay as long as I made the payments and walk away later. (i have no place to go right now and the discharge date is 3/7)


But another attorney said that after the Ch7 if I made any payments and stayed in the house I would reaffirm the mortgage automatically even thou the house was included in the ch7.

Expert:  cfortunato replied 4 years ago.

Has the Bankruptcy already been discharged?

Customer: replied 4 years ago.
No, I need to let him know about the house by the 7th of March. I filed on Jan. 4. So this is the deadline and then the discharge comes.
Expert:  cfortunato replied 4 years ago.

It is true that if you continue to make the payments, you can continue to stay. And it is absolutely not true that if you make the payments you will automatically re-affirm the mortgage.

To re-affirm a mortgage, it is absolutely necessary to sign a re-affirmation agreement and submit it to the Bankruptcy court. It cannot be "automatically" re-affirmed by making the mortgage payments or in any other way. Additionally, if the mortgage is not re-affirmed during the Bankruptcy process, it is not possible to re-affirm it after the Bankruptcy is discharged- either by making the payments or in any other way - even if the debtor changes his or her mind and wants to re-affirm.



Customer: replied 4 years ago.

Can I leave the house later if I do not get a job, say in 6months and not have a judgment of foreclosure taken against me?

My lawyer said yes, but the other attorney said that I would have made myself responsible for the house .

Expert:  cfortunato replied 4 years ago.

This is the first time I have ever said this, because sometimes different lawyers can have a difference of opinion. But I must say that the second lawyer is absolutely wrong, as the lender cannot get a judgment against you if you stop paying the mortgage after you file a Bankruptcy and if you did not re-affirm the mortgage, and it does not matter if you do continue to pay the mortgage - either during or after the Bankruptcy - and then stop paying.

It sounds as if the second lawyer does not know a lot about Bankruptcy Law - and most lawyers do not - as it is a legal specialty that most lawyers do not want to learn. In fact, most lawyers do not know about all law. For instance, I do not know much about Family Law, but I do know Bankruptcy Law.





cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience: Bankruptcy professor.
cfortunato and other Bankruptcy Law Specialists are ready to help you

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