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

Asked about 3 years ago - Waterford, MI

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,
Joyce McCormick

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Attorney answers (2)

Ben L Schneider

Reputation Level 10

Answered about 3 years ago. Bankruptcy Attorney in Skokie, IL.

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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.

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Lesley Abigail Hoenig

Reputation Level 14

Answered about 3 years ago. Bankruptcy Attorney in Mount Pleasant, MI.

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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.

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