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Do you get to deduct your mortgage in section 42 on means test if surrendering?

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    Do you get to deduct your mortgage in section 42 on means test if surrendering?

    I'm confused!! I assumed I could not, however the Nolo book says you can and several google searches said the same because it is "contractually obligated".

    My meeting with the attorney is pushed back to Thursday night because we are in the middle of some major storms.

    If i can do it, does it matter if I've already secured a rental property before I file? We are trying to get a rental home where we would pay security deposit and, I assume, first/last month payment in January (move in February) and plan to file at the end of January. Mortgage is 2550 -- rent will be about 1950. Our county allows $1703 for mortgage/rent.

    Thanks so much. This would really help us with the means test. (Illinois)

    #2
    As far as I can tell, if you are surrendering the house, the mortgage is OUT.
    I am not reaffirming my mortgage (underwater big time) and am using the mortgage expense just to complete CH7. After everything is done, you can just walk away. Not to mention, you can live there for a while during the foreclosure process.

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