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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2539
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I filed Chapter 7 bankruptcy in 2008, how do I find out if

Resolved Question:

I filed Chapter 7 bankruptcy in 2008, how do I find out if my house was reaffirmed after my bankruptcy? I am no longer living in the house, but the mortgage company is forclosing. Can they forclose on the home if it was already a part of the bankruptcy? If the home was not reaffirmed, what are my obligations with this property?
Submitted: 3 years ago via Nolo Press.
Category: Bankruptcy Law
Expert:  Terry L. replied 3 years ago.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

You would have signed a reaffirmation agreement with the lender, which your attorney (if you had one) would have signed and filed with the court. Check with your lawyer, they can check the court record. If you filed without an attorney, you can go to the local court to pull the electronic record to see if a reaffirmation was on file with the court.

Terry L. :

That being said, a lender must still foreclose, even if you didn't want the house and you indicated you were surrendering your interest on the home thru bankruptcy.

Terry L. :

Bankruptcy discharges debt, foreclosure is the process to transfer title.

Terry L. :

If the debt was not reaffirmed, it is discharged in the bankruptcy, and the foreclosure is to just transfer title.

Terry L. :

You are not liable for mortgage payments (you could be responsible for utilities and HOA's etc)

Terry L. :

If you did reaffirm, you are on the hook for all payments, and they can come after you for any deficiency that may remain after foreclosing, pursuant to your state's foreclosure laws.

Customer:

After we filed bankruptcy we stayed in the house and continued paying the mortgage until June 2010. We did do paperwork with the bank to lower the interest rate - I am almost certain we did not reaffirm. Can I look on line to pull the court documents?

Terry L. :

you could, it's called PACER. You have to register, then they charge per search/per page to look stuff up.

Terry L. :

If you reworked the loan after the bankruptcy, that could mean the debt has been renewed.

Terry L. :

even if you did not reaffirm.

Terry L. :

Talk to your real estate attorney (or bankruptcy attorney) to advise you if the debt is valid, and can be collected on.

Customer:

When I look at my credit report - the mortgage shows closed/Chapter 7 bankruptcy. Would it show up if the loan was reworked?

Customer:

are you still there?

Terry L. :

yes, sorry

Terry L. :

The credit report is only as good as what is reported to it, often there are many mistakes/errors on a credit report.

Customer:

Ok, thank you for your help. I will get with my attorney.

Terry L. :

First check to see if you reaffirmed, if not, then review your revised documents with an attorney

Terry L. :

it's hard to say without reading the terms.

Terry L. :

good luck.

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2539
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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