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Bankruptcy, not paying mortgage, no home insurance, tenants are renting

San Diego, CA |

I just filed chapter 7. I have not paid the mortgage since 2008 and my tenants were not on time with rent. Rent does not cover the mortgage. I lost my job and I have 4 children. We have been living off the rent and part-time jobs and I have not been able to pay the mortgage. I want to modify but my income is not steady. I work like crazy and can make enough on average to cover the first loan, but not the second. The home also has no insurance. What's going to happen if there's a fire or something happens to the house? Tenants are living there right now and they want to stay so I filed bankruptcy. I have about $10,000 in credit card debts. A lot of debts is my husband's but I'm not including those amounts in my filing, only the creditors' names since I pay the bills. Any thoughts?

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Attorney answers 2


Run don't walk to a debtor's rights attorney for a full review of your situation and adoption of an action plan.

A chapter 7 is not going to help you with the fact that you are in arrears on your mortgage. The mortgage company can simply file a motion for relief from the automatic stay of the bankruptcy and then proceed with foreclosure.

You must have insurance on the property. The mortgage company may have placed forced insurance on the property but this protects their rights, not yours. What that means is that in the event of a fire, the mortgage company's insurance company would pay them and not you.

I find it interesting that you indicate that the tenants want to stay there but also that they are not on time with the rent. I "want" to win megabucks but that does not mean that I AM going to win megabucks. Evict them and get tenants who respect you enough to pay the rent on time.

Run don't walk to a debtor's rights attorney.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.


If you are not current on the mortgage and filed a chapter 7 the bank will not send you a reaffirmation agreement. You may have to file a chapter 13 right after the 7 is completed in order to save the house biut that will require disposable income. You do not get to keep the house if you cannot pay the mortgage.

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