My first and second mortgage was not reclaimed in my bankruptcy, is it in the control of the bankruptcy trustee

Waterford, MI Viewed 449 times. Posted 10 months ago in Bankruptcy / Debt

Forclouser: I had filed chapter 7 in 07 and it was discharged Feb.2008. At this time my bankruptcy lawyer had not reclaimed my home and 2nd mortage. To this date my house has been discharged and I was told by my mortage company that they feel at this time the court may not reopen my case so I can reafirm my dept. My lawyer continues to push this aside and ignores this. At this time now I am going to persue the forclouser. I have been told by my mortage company it is no longer my house and i am just renting from them. What should I do. Thanks,
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Answers (2)

Ben L Schneider

This attorney is licensed in Illinois. Posted 10 months ago.

It really depends on what you want to do. You should probably let the bank take the house if you cannot afford the mortgage payments.

Lesley Abigail Hoenig

This attorney is licensed in Michigan and 2 other states. Posted 10 months ago.

Most bankruptcy attorneys do not advise people to reaffirm on mortgages because if you default you do not want to be on the hook for a deficiency. if you have been current on the mortgage you are not just renting from the mortgage company, you are paying down the debt. You just are no longer personally liable, but the lien is attached until you pay off the mortgage. It is difficult to say much more without knowing more details. If a sheriff's sale already happened that makes a difference.