QUESTION

what are you allowed to do if you are voluntariy paying a mortgage after a bankruptcy

Asked on May 05th, 2014 on Bankruptcy - Texas
More details to this question:
My husbank file bankruptcy 10 years ago and has been voluntarily paying the mortgage. What can we do to get out from under this home b/c we are currently buying something else.
Report Abuse

1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
Update Your Profile
If your husband was given a chapter 7 bankruptcy discharge, which discharge the mortgage on the home you're living in, then even though he has been voluntarily paying the mortgage, he is under no obligation to pay the mortgage. So as long as you determine that the debt was discharged in bankruptcy, stop paying the mortgage. Stay in the home as long as the bank will allow you before they foreclose and sell the property, save the money you are putting towards mortgage to be used towards the down payment of a new home. Once they foreclose on you you will have to move out, but is no reason for you to move out until then. Even though you've been paying the mortgage voluntarily this does not change the fact that you are under no obligation to pay the mortgage and can leave whenever you want. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob
Answered on May 07th, 2014 at 1:03 PM

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