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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I had my chapter 7 bankruptcy discharged 2/11. I did not reaffirm

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I had my chapter 7 bankruptcy discharged 2/11. I did not reaffirm my house. Can I just walk away from my house without selling it?

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

If your your mortgage was included in your Bankruptcy, and if you did not re-affirm your mortgage, then the mortgage company cannot try to collect the mortgage balance from you. In other words, there is nothing the mortgage company can do to you if you stop paying the mortgage - whether or not you move out of the home.

cfortunato :

Is this what you wanted to know?

Customer: Yes-but your answer raises another question. If I stop paying the mortgage can't they make me move out?
cfortunato :

Yes - they can foreclose the house if you stop paying the mortgage.

cfortunato :

Filing a Bankruptcy can discharge one's liability to pay a mortgage, but a Bankruptcy cannot remove the lien the mortgage company has on the house.

Customer: Ok. But just to be sure I understand..... If I moved out to another house I can just leave- everything is paid up, taxes and insurance. Do I need to tell them I'm leaving?
cfortunato :

No - you do not have to tell the mortgage company that you are moving out of the house.

Customer: Ok - thanks very much.
cfortunato :

You're welcome!

cfortunato and other Bankruptcy Law Specialists are ready to help you