can someone please help me?

[majormistakes]

I just got off the phone with my lawyers secretary and evidently she is having a very bad day or she is very busy. I basically told her to have my lawyer call me back as soon as he gets time.

I filed for chapter 7 on 1-27-06 and had my 341 meeting on 3-27-06. I have not been discharged as of yet though.

My hope was to keep my house but I see no way now of that happening. I DID NOT sign a reaffirmation agreement with the mortgage company.

My question is, is it too late to include the mortgage into my chapter 7? If so, will foreclosing on it affect me in anyway?

Thanks in advance for any suggestions on what to do here and I will be glad to answer any questions anyone has.

I hope I put this into the right forum.

[Minnymouth]

If you filed Chapter 7, did not sign a reaffirm agreement with the mortgage company, then you can still surrender your home in your Chapter 7 and have the debt discharged. Be sure to contact your attorney and make him aware of this also.
Since you did not sign anything, but you have kept your payments current - the mortgage company is assuming that you are keeping your home. They cannot legally contact you regarding surrender or foreclosure till after discharge.
Under the new laws if you were going to keep your home you needed to contact the mortgage company and let them know you would reaffirm and take care of this before discharge.... Your attorney knows this!
As long as you signed nothing, and your attorney signed nothing on your behalf, then the home debt will be discharged in the bankruptcy and you will be asked to move out eventually after discharge and foreclosure...

Hope this helps.....

Minny

[Minnymouth]

They cannot foreclose on a home that is surrendered in bankruptcy - it is discharged.
If you are truly giving it back - make no more payments - save your money............. and just sit there.....till they tell you too move.

[SinkingFast]

You can continue to add Creditors, as necessary, to your BK up to 90 days after the initial filing. Any time in that 90 day period, Creditors can be added.

So you can contact your attny and tell him/her that you want to include your home as well. Not a problem. The attny ammends the petition to include the Mortgage Lender and you're good to go.

The Mortgage Lender will have to Foreclose even tho you include your house in BK. The Lender might likely file for a Motion to Lift the Stay allowing them to start Foreclosure before your BK is discharged and closed. The Lender has to get the Deed into their name so they can sell the house to someone else.