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Can you refinance a mortgage that was discharged in chapter 7,if we are still making the payments?

Akron, OH |

Can you refinance the same mortgage that had been discharged in chapter 7? We still have been making the payments,I was told we only has to wait 2 yrs after a ch 7 discharge for an fha loan. Will it pose a problem because the loan was discharged and we technically are not legally responsible for it anymore but like i said we still are making are payments.

Attorney Answers 3


No, it will not pose a problem. Since you are speaking of a refi, it will be a new bank with a new contract and a new lien on your property.

Hope this helps!

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Dean D. Paolucci, Attorney at Law

Select Legal, PC

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That is true. Just be sure you consider very carefully whether the refinance is something you really want to do. As it is, if you get into financial trouble in the future, you can simply walk away from the home without worrying about any personal liability. If you decide to refinance, of course you will no longer have that option.

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Currently, you are not personally responsible for the mortgage. However, if you do not pay, you lose the property. If you refinance, then you WILL be personally responsible once again. Make sure that the terms are infinitely better before committing to it. Next, you may have a problem getting the payoff from the current mortgage company. If they will not give it to you (some lenders believe that providing this information is attempting to collect making it a violation of the discharge). If you have a problem, send a Qualified Written Request to the mortgage company and ask for the payoff, a pay history and the current owner of the note. You will have everything you need.

Good Luck. You might want to talk to a financial planner before doing this.

[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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