QUESTION

Are we responsible for the late fees that have incurred on this loan or are we in the clear because the loan was not reaffirmed?

Asked on Nov 30th, 2016 on Bankruptcy - Nevada
More details to this question:
My husband and I filed for chapter 7 bankruptcies about 5 years ago and are still paying our mortgage but we didn't reaffirm the loan. We have been late each month but we always pay.
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4 ANSWERS

If you want to keep the home, you must remain current. However, if you decide to "walk away" from the home, you will be clear.
Answered on Jan 23rd, 2017 at 6:38 PM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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I suggest you pay the late fees to avoid being in default.
Answered on Jan 23rd, 2017 at 11:43 AM

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General Law Attorney serving Cherry Hill, NJ at Mark S. Cherry, Attorney at Law, PC
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In New Jersey, the personal liability on the Note ( your personal promise to pay) was discharged. However, the Mortgage (collateralization of the Note) is still recorded against the real property. What that means is that if you ever want to sell the real estate or have a free and clear property, the debt, including escrows and late charges must be paid. If the property goes to sheriff sale the lender cannot chase you personally.
Answered on Jan 23rd, 2017 at 11:43 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You do not have to pay the late fees, but understand that not paying may come with the repercussion of having the property foreclosed on. You may not owe on the mortgage because of the bankruptcy discharge, but the property owes the mortgage and I would expect it to weep bitter tears if it was ripped from you for being foolish enough to not pay late fees and catch up on what is past due.
Answered on Jan 23rd, 2017 at 11:42 AM

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