Can I get back the payments I made on my mortgage after I filed bankruptcy?

The short answer is No. The lender will not be under any obligation to return to you payments that you voluntarily made while in bankruptcy. In effect you paid rent for the months that you were there although you at least will get the tax benefit of being able to deduct the mortgage interest. On the bright side you will not be liable to the mortgage lender for any deficiency balance owing after they foreclose the home.

If you have always been current on the payments then you could likely live there for several months rent and payment free while your finances recover before they actually foreclose you out of the home. In Oregon a foreclosure process is commenced by the filing of a Notice of Default and Election to Sell. This document will be sent to you first class and certified mail and will tell you the specific date that the property will be foreclosed upon at public auction. You can live in the home up to ten days after that sale date. If you are not out within ten days then the lender is likely to commence a state court eviction action against you to force your removal from the property.

One warning - if you have homeowners association dues where you live these will have to be paid by you while living in the home even if you do not pay your mortgage. The homeowners association is entitled to their fees while you actually occupy the home notwithstanding the foreclosure. In my experience they are very aggressive at getting paid and since this is a "post-bankruptcy" debt obligation they are not violating the bankruptcy code by seeking payment.