Did I reaffirm my mortgage in Chapter 7 without signing anything?

[Rubb]

I filed Ch 7 in January 2010 and it was discharged in May 2010. In our hearing I told the Judge that we wanted to keep our house but we have not signed anything. We owe $335k and it is worth $275k. I have a HELOC with SLS loan servicing that I owe $71k on. I am going to stop paying the HELOC and try to negotiate. If I stop paying and worse case scenario they foreclose, Am I still responsible financialy?

[despritfreya]

You would have had to sign a separate document called a Reaffirmation Agreement to have reaffirmed either the 1st or 2nd. You apparently did not so if you walk away the lender gets its property. You have no personal exposure on either loans. Be careful. If you have an HOA you must continue to pay it until the property is lost to a foreclosure.

[AngelinaCatHub]

I agree with above but also be careful of anything you sign from here on. You could renew your obligation too easily. At this time, if you continue to stay current, they cannot put you out. You must STAY current. If you need to abandon, you can now walk away without penalty. It is called "paying through". I am not sure about the HELOC or second mortgage, as it is not really a secured debt. Check with your lawyer on this as I am really not sure. If you leave your house you can walk away from both unless you sign anything that would affirm a new date on the records, so be very careful. 'Hub