QUESTION
How do I fix this and get everything back in my name after a chapter 7 and do I have to refinance or is there another way?
Asked on Jan 14th, 2014 on Bankruptcy - Florida
More details to this question:
My bankruptcy was discharged in June of 2011. I have continued monthly payments on the first and second mortgages and have never been late. I was told by the lawyer back then that as long as I continued making the payments there would be a precedence set and they could not foreclose. So far all is good but what if I wanted to sell my home now? My question is who holds the deed to my house now? Do I still own it or does the bank? They shut off my online access to my account information (which is really annoying) during the bankruptcy and refuse to reinstate it without a reaffirmation agreement, which of course I don't have. I do still receive monthly statements from them.
1 ANSWER
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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More facts are needed to answer this question fully. Basically the bank has no reason to foreclose if you continue to make the payments and are current. The property is still in your name most likely. Check the public records to make sure. If that is the case you can sell the property, but the first and second mortgages would have to be satisfied out of the sale proceeds.
Answered on Jan 17th, 2014 at 3:49 AM