QUESTION

What is a voluntary payments on your mortgage if u kept your home out of bankruptcy?

Asked on May 09th, 2013 on Bankruptcy - Montana
More details to this question:
We had filed a chapter 7 in 2007 and we want to know what is a voluntary mortgage payment if you kept your house out of the deal. Can we walk away without owing debt on house or how does it work?
Report Abuse

9 ANSWERS

Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
Update Your Profile
If you did not execute a reaffirmation agreement with the mortgage lender, you can walk away from your home & suffer no personal liability. In other words, the lender will not sue you for a deficiency if it recovers less upon the sale of the home than you owe.
Answered on May 14th, 2013 at 6:28 AM

Report Abuse
Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
Update Your Profile
It depends on what you did in your bankruptcy and the law of the state where you live.
Answered on May 14th, 2013 at 5:55 AM

Report Abuse
When you filed your bankruptcy you removed your personal liability on the home. The only thing they can do is foreclose on the home (and evict you if you are still there). The bank will not foreclose as long as you are making payments on the home. In bankruptcy, you are required to list all your assets and debts. You are not allowed to keep something out. Yes, you can walk away without any personal liability on the home. Just be aware that if you have equity, you could easily lose that if you just walk away. If you have equity, try to sell it and get something out of it for you.
Answered on May 09th, 2013 at 1:56 PM

Report Abuse
Bankruptcy Attorney serving Schenectady, NY
2 Awards
If you surrender to the property in bankruptcy then you are fine but if you reaffirmed the debt on your house then you are stuck
Answered on May 09th, 2013 at 1:56 PM

Report Abuse
Chapter 13 Bankruptcy Attorney serving Bloomington, MN at Gregory J. Wald
Update Your Profile
There is really no such thing as keeping your home out of bankruptcy. When you filed for bankruptcy protection, you had to list everything you owned and all of your debts, including your ownership interest in your residence and any mortgages against it. Unless you signed a document called a "reaffirmation agreement", your personal liability on all of your debts was discharged, including the mortgage. This means that the mortgage company cannot enforce its debt against you personally. For instance, it can never sue you for the money. However, the mortgage company still retains their security interest in your property and the right to foreclose if they are not paid. If you want to keep the residence, then you can continue to voluntarily make your mortgage payments. If your debts were discharged and you did not reaffirm the debt secured by the mortgage, then you could indeed stop making payments and let the house go back to the mortgage company, and you wouldn't owe them anything.
Answered on May 09th, 2013 at 1:55 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
If you the house of the bankruptcy than the house and mortgage are still legal obligations, not discharged, and enforceable. See an attorney with the details.
Answered on May 09th, 2013 at 1:54 PM

Report Abuse
Estate Planning Attorney serving Wilmington, DE at Reger Rizzo & Darnall, LLP
Update Your Profile
As long as you did not reaffirm the mortgage but if may not relate back to the 2007 filing.
Answered on May 09th, 2013 at 1:54 PM

Report Abuse
Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
Update Your Profile
Yes if you did not sign a reaffirmation.
Answered on May 09th, 2013 at 1:54 PM

Report Abuse
Corporate Law Attorney serving Billings, MT at Oliver & Associates, P.C.
Update Your Profile
You can walk away from a mortgage at any time without being liable for the amount owed unless it is a second mortgage .
Answered on May 09th, 2013 at 1:53 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