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Do you have any personal liability if the home is foreclosured on?

Union Mills, IN |

I live in Indiana. I have filled bankruptcy and did not reaffirm home mortgage.

Attorney Answers 3

Posted

If you receied a discharge in your bankruptcy, it almost certainly discharged any personal liability on the mortgage. The lien which remained after the bankruptcy is what is foreclosed.

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This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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Posted

If you did not reaffirm the mortgage, your personal liability to pay back the debt is discharged. This leaves the bank with the sole remedy of foreclosure against the realty in what we call "in rem."

Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.

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Posted

Ms. Sinclair is correct so long as you listed the debt(s) in your bankruptcy. If you did not then consider reopening your case and adding the debts. If you were represented by an attorney - talk to them before doing anything.

This firm is in the business of helping people and companies file for bankruptcy protection. Therefore, the bankruptcy code requires that we call our firm a "debt relief agency." This information is provided for general information purposes only and is not intended to be a legal opinion, legal advice or a complete discussion of the related issues. Nor is this advice intended to create a client - attorney relationship. Every individual's factual situation is different and you should seek independent legal advice from an attorney familiar with the laws of your state or locality regarding specific information.

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