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

Asked over 1 year ago - Union Mills, IN

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

Attorney answers (3)

  1. Paula Brown Sinclair

    Contributor Level 20


    Lawyers agree

    Answered . 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.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

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

    Contributor Level 17

    Answered . 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... more
  3. Diane L Drain


    Contributor Level 15

    Answered . 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... more

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