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

Asked almost 2 years ago - Ellenwood, GA

I have been making payments since my discharge in 2009. The bank has the loan listed as included in bankrupcty in my credit files. The bank is not reporting my payments. I disputed with all 3 bureaus and it still came back the same. The bank states the account is closed and was included in the bankruptcy. I did not sign a reaffirmation agreement nor went in front of a judge. I only went to the 341 meeting. Is my statement of intent legally binding without a signed agreement? Is my petition incorrect and can I walk away? Does this retained, reaffirm the debt on the petition hurt my chances of obtaining a new mortgage?

Attorney answers (5)

  1. Howard M Lewis

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    Answered . 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... more
  2. Glen Edward Ashman

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    Answered . 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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  3. Ashley Anne Digiulio

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    Answered . 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,... more
  4. Alan D. Walton

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    Answered . 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.

  5. Dorothy G Bunce

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    Answered . 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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