QUESTION

If bankruptcy didn't reaffirm my home, can I still walk away anytime?

Asked on Dec 12th, 2014 on Bankruptcy - Texas
More details to this question:
I filed bankruptcy in 2009, we didn't reaffirm the home because our lawyer didn't tell us anything about it. We still live in the home and plan to keep it, we've never fallen behind on our mortgage. Is there anything we should do? Is it true that if we were to fall on hard times in the future, since we didn't reaffirm, we can still walk away at anytime?
Report Abuse

8 ANSWERS

Debt Settlement Attorney serving San Diego, CA at Law Offices of Kathryn Tokarska
Update Your Profile
The following answer applies to California jurisdiction only. I don't know of any local bankruptcy attorney who would condone or suggest to a client that they reaffirm a mortgage debt. It is not in your best interest to do that so the fact that you did not reaffirm is not a bad thing. If at some point you can't afford to make the payments anymore because you have filed and received a discharge in bankruptcy AND because you have NOT reaffirmed the debt you can walk away from the property. The only remedy the creditor(s) have is to take the property, they cannot sue you for any deficiency or attempt to collect from you. The protection of the bankruptcy discharge makes any such collections illegal. A loan modification, should you get one, would not change this result. Refinancing however would because when you refinance you get a new loan and in your case it would be a loan acquired after the bankruptcy had already been filed. Hope this perspective helps. Take care.
Answered on Dec 16th, 2014 at 4:19 PM

Report Abuse
Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
Update Your Profile
That is correct. If you did not reaffirm the debt secured by your house, you can walk away (and the bank cannot call a default and try to evict you as long as you are current on your house). This often leads the banks holding the note against a house not to report the monthly payments you are making it seems to be a strategy to force you to reaffirm, but Courts have ruled that they are not wrong in not reporting the payments.
Answered on Dec 15th, 2014 at 3:29 PM

Report Abuse
Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
Update Your Profile
When you where discharged bank in 2009 without reaffirming your mortgage, you ceased to be personally liable on the mortgage. The mortgage remains as a lien on your house. So you can walk away without personal liability but the bank could take the house.
Answered on Dec 15th, 2014 at 3:28 PM

Report Abuse
Nothing to do. Yes, you can walk away from the home.
Answered on Dec 15th, 2014 at 12:06 PM

Report Abuse
Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
Update Your Profile
Although your bankruptcy left you in the position where all the lender can do to you is foreclose, homeownership comes with additional responsibilities after a bankruptcy ends, and those ongoing responsibilities cannot be avoided by your bankruptcy. For example, property taxes, HOA dues, community maintenance requirements, property liability.
Answered on Dec 15th, 2014 at 11:33 AM

Report Abuse
Bankruptcy Attorney serving Las Vegas, NV
2 Awards
I suggest trying to short sell your house rather than just walking away. It could take years for the bank to foreclose and get title out of your name.
Answered on Dec 15th, 2014 at 10:42 AM

Report Abuse
The answer is 'probably yes.' (Although a resourceful lender's lawyer could come up with some useful arguments). Of course, the longer you stay in the house and the more money you put into it, the less likely you are to want to surrender the real estate. Good Luck.
Answered on Dec 15th, 2014 at 9:48 AM

Report Abuse
In Texas, you can walk away at any time because of our constitution. You have no personal liability on the loan. That is why you cannot reaffirm a home mortgage in Texas. Reaffirmation means accepting personal liability for the mortgage and agreeing that you will not walk away in the future.
Answered on Dec 15th, 2014 at 9:48 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters