What would happen to me legally if I had to 'walk away' from my house/mortgage after filing a chapter 7 bankrupcty?

Asked over 5 years ago - Jersey City, NJ

I filed a Ch 7 (it was discharged) in order to keep my house. I have never been late with a mortgage payment but am still having a terribly hard time paying, even though my other credit bills are gone. My house is now worth approx 275,000 and I owe over 380,000 due to bad credit choices in the past and having to consolidate and refinance several times. I make just enough with two jobs to cover my mortgage & primary bills. The stress is incredible & I am more than tempted to just not pay and have the bank foreclose on my house. Although it kills me to think about leaving the home I've built with my children for the last 15 years, the thought of living this way, or worse if my payments increase - which they seem to do every year, make me scared and literally sick. What can someone like me do, and what would happen to me if I did let the bank foreclose?

Additional information

The Mortgage company tells me it was listed, but we didnt tell the attorney to list it; And it was discharged and not reaffirmed; I heard there are legal penalties in NJ if I do forclose; Can they garnish my salary or anything else?

Attorney answers (1)

  1. Margery Ellen Golant

    Pro

    Contributor Level 20

    Answered . If the mortgage was properly listed in your Chapter 7, discharged and never reaffirmed, you have no personal liability for the debt, and if you decide to stop paying, while the lender can foreclose, it will not be able to pursue you personally.

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