QUESTION
What happens to the mortgage payments if bank did not reaffirm my home loan?
Asked on Sep 19th, 2013 on Foreclosures - Illinois
More details to this question:
In 2007 I filed a chapter 7 bankruptcy and it had been discharged in that same year. My lawyer and I both had thought that my mortgage lenders agreed to reaffirm the loan, but some way or another the loan was never reaffirmed. In the meantime I was still making mortgage payments in 2007 to roughly about the latter part of 2009 due to financial strain, I finally walked away from the home by April 2010. Because I originally thought the loan was reaffirmed I was sure they would come after me for the home, but learned through my attorney that the bank never signed the paperwork to reaffirm the loan. The house was finally force closed and trustee had sold the home back to the bank this year 2013. My question, after a year of going in circles with the bank that I no longer had access to the home in two years, the loan was never reaffirmed what happened to the mortgage payments that I was making? Did the bank except the payment or is it being held somewhere undisclosed? It seems to me that I was making payments on a home that clearly was not mine but giving money away because it never was accounted for.
3 ANSWERS
Were your payment checks cashed? If so, the bank no doubt applied your payments to the loan balance. You should be able to get an accounting of payments from the bank. If the home loan was discharged in bankruptcy and never reaffirmed, then it may be possible to get the payments back. But that seems like a longshot. Talk to your bankruptcy attorney.
Answered on Sep 24th, 2013 at 5:03 AM
The bank accepted the payments, which stopped them from foreclosing sooner. That is, because you kept paying, you got to stay in the house. The reality is that mortgage companies almost never pursue any unpaid balance after foreclosure in Texas, so it is no surprise that they have not come after you, whether the debt was reaffirmed or not.
Answered on Sep 23rd, 2013 at 2:24 AM
Richard hirsh
Once your bankruptcy case was discharged and the mortgage was not reaffirmed, the bank had right to seek payment of the loan. But the bank still had a mortgage lien on the property. Your payments, although based on a mistake were apparently voluntary, however, because of your making payments the bank did not seek foreclosure and you got to live there for a longer amount of time.
Answered on Sep 20th, 2013 at 11:02 AM