I filed bankruptcy in 2016, I did not reaffirm my mortgage loan. I did a loan modification to get my payments current. Am I able to just stop paying and move out?
Yes if you did not reaffirm your mortgage prior to your discharge date and did the loan modification during bankruptcy or after you received your discharge the loan modification had no effect on your discharge. Since mortgage debt is discharged you can walk away from property without any personal liability for mortgage debt. It is in your best interests that after you move out that you notify bank to secure property.
Most lawyer practicing in the Consumer Bankruptcy area recommend that mortgage not be reaffirmed in a Chapter 7 for exactly the reason you are in.
Since the debt has been discharged the mortgagee cannot obtain a deficiency judgment if there is a foreclosure judgment.
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