Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hello,Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!
Did you file a Chapter 7 or a Chapter 13 bankruptcy
It was a Chapter 7
Have you received your discharge
Yes, in 2010 (early part of year, around March).
Thank you for your information. Provided you did not reaffirm the loan the bankruptcy would discharge the personal liability
Per my BK attorney, I did not reaffirm the mortgage.
Then your liability on the loan would be discharged. If there is a homeowners association or condo association involved, you could be held liable for the dues that accumulated after the filing
Then I can move out prior to the sale date? Do I send or leave keys?
Yes you can move out prior to the sale date or you can remain in the house until the house is sold
I paid the HOA for this entire year.
you are not required to send or leave the keys but you certainly may send the keys to the lender
It may be premature for you to move out of the house since it has not been sold
Ok. Would it be worth it for me to try to negotiate a modification of the mortgage?
it does not appear that there would be any downside in attempting to negotiate a modification
I'm rebuilding my credit and my score is good for my situation.
you have up until the sale date to negotiate a modification
After the sale date it would not be unusual for the lender to offer you cash for keys to move out if you did not negotiate the modification
Ok. A DMZ realtor who specializes in distressed properties sent me a letter and I don't know if this is the right contact to help me with the modification.
probably not – a realtor assists in buying and selling property. An attorney would be more appropriate
That's what I thought.
You can continue to try to modify on your own as well
Is there anything else I can assist you with
Is that assistance available through this process or do I need to get an attorney where I live?
It would be best to retain an attorney in your area. However if you have specific questions along the way, I would be happy to provide you with general information
Okay, I will try this on my own first. Thank you very much for the answers to my questions.
It has been my pleasure to work with youPlease let me know if I can assist you in the future by requesting me directly.
You can start a future question with "For FiveStarLaw" to direct the question to me
Okay, I will do that. Again, thank you.
and thank you
Oh yes, long ago (2010).