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My house was listed in bankruptcy (chapter7) after discharge…

My house was listed in...
My house was listed in bankruptcy (chapter7) after discharge I tried to save my house through fha but went out of work for rotator cuff surgery. I made my trial payments through money lent by family but I went back to work at a much lower pay (17 dollars an hour less)and couldn't afford the new payments through fha. My question is because I am walking away from the house is my house still under the bankruptcy?
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Answered in 7 minutes by:
5/21/2017
Barrister
Barrister, Attorney
Category: Bankruptcy Law
Satisfied Customers: 40,104
Experience: 17 years practicing law. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Did you actually have your mortgage discharged in the BK or did you "reaffirm" the debt and agree to still be liable for it?

.

.

thanks

Barrister

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Customer reply replied 9 months ago
It was discharged I signed paper work saying I'll work with fha with trial payments but nothing after that

Ok, then once it was discharged, unless you later reaffirmed it by signing again to be personally liable, then it remains discharged and if you walk away, they can only come after the house in any foreclosure.

.

.

thanks

Barrister

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Customer reply replied 9 months ago
What documents would I need to sign to reaffirm, the house still shows closed on my credit report

You would have to actually sign a new mortgage agreement stating that you are agreeing to be personally liable for the debt that is owed on the house. It would be incredibly unusual for the lender to even mention this because once it is discharged, they can't legally even bring it up. You would have to have been the one to pursue this with them and if you didn't do so, it is still discharged and you aren't liable.

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Customer reply replied 9 months ago
Gotcha yeah I just Google Drive it lol. It had to go through the bankruptcy lawyer in court, is that correct?

Correct. So if you didn't sign a new mortgage and Note, you aren't on the hook if you walk away...

Barrister
Barrister, Attorney
Category: Bankruptcy Law
Satisfied Customers: 40,104
Experience: 17 years practicing law. Landlord 26 years
Verified
Barrister and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 9 months ago
Thank you my good man
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Barrister
Barrister
Barrister, Attorney
Category: Bankruptcy Law
Satisfied Customers: 40,104
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Experience: 17 years practicing law. Landlord 26 years

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