been dishcharges, want to include house now?

[danohio2831]

i have got my discharge on 9/12/2006, i did not reafirm my mortgage during the bankruptcy. all payments are curent

we have the house and second mortgage and pay 2100 a month

we found a land contract home for 1600 a month and is a nicer house

can i go back and include the mortgage 1st and 2nd in the bankruptcy.

[danohio2831]

the case is still open though

if it matters

[anonymuse]

Have you considered just trying to sell it?

[Minnymouth]

Since you did not reaffirm on the home, you can surrender it any time.......

[danohio2831]

but i am confused

Since you did not reaffirm on the home, you can surrender it any time.......

my wife looked over the fha loand and found wher is says they can sue for thwe deficency even if it is not raffirmed

if it was in bankruptsy it would be ok


to save money on lawyer fees and law suits, even if i won the case


i want to know if i can go back and include them in the bankruptcy, and surrender them

less stress and no future stress

thanks dan

[danohio2831]

265,000 first second mortgage house = 215,000 no go

Have you considered just trying to sell it?

- equity in it, big time

[alh]

If you didn't reaffirm, it was included in the BK. Am I missing something here? I don't think the reaffirmed the paperwork is discussing is regarding BK reaffirmations. Could be wrong though.

[poorme]

I'd be worried that trying to include the house after the discharge - even tho the case is not yet closed - would raise two eyebrows, one from the trustee and one from the judge. I wouldn't risk it - I'd try to sell, since you're current.

[SinkingFast]

I found an interesting Decision you should read:

http://www.ch13oshkosh.com/verbage/G...%20creditor%22


I think this is a question you really need to ask your attny.

[Interlaw]

my wife looked over the fha loand and found wher is says they can sue for thwe deficency even if it is not raffirmed

if it was in bankruptsy it would be ok


to save money on lawyer fees and law suits, even if i won the case


i want to know if i can go back and include them in the bankruptcy, and surrender them

less stress and no future stress

thanks dan

It already was included in the bankruptcy. Your attorney listed the mortgages on Schedule D, and your personal obligation for the mortgages was discharged. The only thing that the lenders can do is to foreclose and take whatever they get as payment in full.

Brett Weiss
[email protected]

https://www.brettweiss.com/bankruptcy

Maryland, DC and Federal bars
Member, National Association of Consumer Bankruptcy Attorneys

--> Read our Bankruptcy FAQ at www.brettweiss.com/bankruptcy/FAQ/br_faq.htmwww.brettweiss.com/faq/br_faq.htm.

************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
************************************************** ***************

[JusticeForAll]

Any debt listed in your schedules is discharged (and in some cases even if they're not listed).

If you were making payments on the house, they were voluntary payments. If you have no reaffirmation agreement signed, you can walk without recourse.

We did exactly that. At our 341 (old law) we were asked if we intended to keep the house, we said yes. Before our discharge we realized we couldn't keep up with the payments. I consulted my attorney and he said the exact same thing Brett mentioned.

We stopped making the payments and moved out. The house is in foreclosure, sitting empty and the mortgages are being reported as IBB. There was only enough money in our escrow account to pay the insurance on the house, and nothing left to keep paying the taxes. The Lender is paying the taxes at this time.

My attorney told me I could live in the house until evicted, I chose not to because I just wanted to get on with my life.

If you take this route, the only advice I would offer is to make sure the house stays insured until the sale. If something happens on your property while you are still the legal owner, you could get sued.

[SinkingFast]

If you take this route, the only advice I would offer is to make sure the house stays insured until the sale. If something happens on your property while you are still the legal owner, you could get sued.

Good point, JFA!!

We weren't living in our house either. All the attnys we Consulted for BK asked about insurance coverage on the house. Our original homeowners was still in effect so we were covered there.

But the attnys did say, if something happened,....... someone step in a hole in the yard, ice on the porch steps, whatever,......... As long as our names were on the Deed as the Owners of record, we were liable for any person's injuries.

So be sure to keep up insurance coverage until the house get's sold at Foreclosure and your Redemption period has expired.