Chapter 7 was filed house was included did not realize so we did not surrender. Lawyer nor bank did a affirmation. Bank of America continued taking payments for 2 1/2 years before we caught the error they sold our loan new company won't affirm and we don't know who legally owns the home. The house payments have not been reported to credit beurea since bankruptcy. We just need to know if this is legal or not and if the house is ours to sell, etc or if we are just basically renting from them.
You're confusing several different concepts here. With the exception noted below, title to property, including real estate, does not change when you file a bankruptcy case. When you say "affirmation" I'm assuming you meant "reaffirmation." Reaffirmation agreements take DEBTS outside the bankruptcy case and render them not discharged. That has absolutely nothing to do with title to the property. Moreover, there is no requirement that you do a reaffirmation agreement on a mortgage debt.
When you file a Chapter 7 case, the bankruptcy trustee takes over ownership of all your assets until he/she either decides to sell the assets, or give them back to you. If there was no equity in your property, then most likely the Trustee did not sell your property. If the Trustee did not sell your property, then you still own it, unless of course the mortgage lender(s) foreclosed.
Of course it's legal for the Bank to accept your payments on the mortgage. That's the only way you can legally remain in the property without them selling it through foreclosure.
I recently wrote an article on what happens to mortgage debts after bankruptcy; you may wish to read that for more details on this issue.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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