I filed CH7. My petition states retained, reaffirm the debt. Can I walk away from the home?

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   Glen AshmanPro

   East Point Divorce / Separation Lawyer

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   Answered January 16, 2013 19:08. First of all, 99.999% of the time, it would ne a HUGE mistake to reaffirm a mortgage. There is almost no upside and lots of downside. Retain and pay works with real estate, but lets you walk away at any time.
   
   Regardless of the statement of intent, unless a reaffirmation is signed and filed, the debt was NOT reaffirmed. Your credit report properly should show the debt as included/discharged in bankruptcy, as your payments now are voluntary (they retain a lien and can foreclose if you stop paying; they simply cannot sue you). Your voluntary payments don't get reported, so your dispute was properly denied.
   
   You can walk away without liability. The bankruptcy filing itself and the eventual foreclosure that will happen can impair you getting another mortgage.
   
   These are all things your lawyer should have explained.

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   Howard M LewisPro

   Framingham Divorce / Separation Lawyer

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   Answered January 16, 2013 17:17. Generally, if you did not sign a reaffirmation agreement, the debt became subject to discharge in the bankruptcy. While I urge you to speak to a local bankruptcy attorney, it appears that you should be able to walk away from the home without having a deficiency. However, getting a mortgage may be difficult in view of your fairly recent bankruptcy filing. Please do not delay to speak with an attorney. Best of luck!

   Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... moreLegal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise. less

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3. Licensed in GA

   

   Ashley DigiulioPro

   Marietta Bankruptcy Attorney

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   Answered January 16, 2013 18:37. You can walk away if you did not sign and have filed a reaffirmation agreement with the lender
   
   
   The DiGiulio Law Firm, LLC.
   www.atl-law.com
   770-309-9551

   The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile,... moreThe DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: www.atl-law.com Atlanta, Marietta, Lawrencevile, Duluth, Alpharetta, Buckhead The above answer is for general information purposes and is offered as a service to the public. Nothing on this or associated pages, documents, comments, answers, reviews or other communications, including the above post, should be taken as legal advice for any individual case or situation or relied upon as a substitute for engaging legal counsel, nor does it constitute advertising or a solicitation. Viewing the general information here, including your receipt or transmission of information hereof does not alone create or constitute an attorney-client relationship or ensure confidentiality. Please contact 770-309-9551 for additional questions or to schedule for your free phone consultation. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code. less

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   Alan D. WaltonPro

   Birch Run Bankruptcy Attorney

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   Answered January 16, 2013 17:24. The Statement of Intention is not binding, so walking away has no financial consequences. However, if there is a subsequent foreclosure, it could be reported. If you want your payment history to be reported accurately, you should request a payment history from the lender, then submit it to the credit reporting agency. The bank cannot deny that the history it produced for you is not accurate when you dispute the non-reporting of you payments.

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   Dorothy G BuncePro

   Las Vegas Bankruptcy Attorney

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   Answered January 16, 2013 17:18. The statement of intention you filed with the bankruptcy court is virtually meaningless. The principal reason for it is to give the secured creditor a "heads up" to seek a lift stay so that it can proceed with a foreclosure or repossession. Hope this perspective helps!

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