You are discharged on the debt, but your property is still available to satisfy it.

Answer Applies to: Michigan
Replied: 8/28/2011

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Your personal liability might be discharged, but their security interest can still be enforced through the property.

Answer Applies to: Washington
Replied: 8/22/2011

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It depends on what chapter you filed. Ch. 7's can't provide relief for mortgage debt and is available to debtors so they can discharge their unsecured debt. Ch. 13 bankruptcy allows you to include your mortgage arrearages into the bankruptcy during the repayment plan for the ch. 13 so that you don't lose your house. If you filed ch. 7 bankruptcy and listed your mortgage, then you also had to list what your intention is on this property-if you wanted to keep the house, if you wanted to surrender it, etc. If you are behind on your mortgage debt and filed a ch. 7 bankruptcy, then the bankruptcy will not protect you from foreclosure and therefore you need to determine what you want to do with the mortgage, keep it or not, and if you want to keep the property you will likely have to work out an agreement or loan workout with your lender to allow you to stay in the home and pay the mortgage. I would recommend speaking with an attorney to discuss these things in detail.

Answer Applies to: California
Replied: 8/22/2011

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A mortgage note is discharged in bankruptcy unless you "reaffirm" the debt - then it survives the bankruptcy.

Answer Applies to: Indiana
Replied: 8/19/2011

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Secured debt vs unsecured debt.hire lawyer

Answer Applies to: Maryland
Replied: 8/19/2011

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Your mortgage is a secured debt. That means that your home secures the mortgage. If you don't pay, the secured creditor will eventually retake the security whether you have filed bk or not. Once the debt is discharged through bankruptcy the bank can only take the property back. The deficiency is discharged. Many people file for bankruptcy and still keep their homes.

Answer Applies to: California
Replied: 8/19/2011

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As long as you are walking from the house, then it is perfectly legal for you to include your mortgage payments in your bankruptcy petition.You can't get the debt discharged however, and then choose to keep the house without making any payments (well, you can stay in the house until the lender forecloses on the property). I'm guessing that you have walked or are walking from the house, and have included the mortgage in the bankruptcy petition.If this is so, then you are correct, the mortgage company absolutely cannot come after you.No creditor can come after you once you file your case and then the debt is thereafter discharged.I'm guessing that the creditor has not updated their files correctly, and they are simply making a mistake.I recommend sending a letter or calling, and have them update their records.If it continues,, I'd recommend speaking with an attorney, as you may have a lawsuit on your hands.

Answer Applies to: Oregon
Replied: 8/19/2011

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Your mortgage debt was discharged (assuming it was properly scheduled.) But that does not mean you get a free house. You did not say if you are still in the house. If you want to keep the house you have to make the mortgage payments. If you have surrendered the house the lender cannot dun you for the debt. It is a violation of the Automatic stay. Talk to the lawyer who handled your case.

Answer Applies to: Colorado
Replied: 8/19/2011

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The debt can be discharged in a bankruptcy, but the lien on the property remains. If you do not pay the payments, they can still exercise their remedy of foreclosure and take the property back. They are simply unable to collect from you.

Answer Applies to: Utah
Replied: 8/18/2011

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This question is not making sense to me, if the mortgage was discharged they can not bother you. If they are, find a lawyer who handles discharge violations. I think this is what you are asking.

Answer Applies to: California
Replied: 8/18/2011

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Your question confuses me. It is totally legal and absolutely required that you list your mortgage in your Bankruptcy. You say that the mortgage company is "coming after you." I hope you mean the they are "requesting" that you "reaffirm" on your mortgage. If that is true, it's OK. You can reaffirm if you wish and if the Judge agrees that reaffirming is in your best interest. Reaffirmations are rare and you should get the advice of an attroney before you agree to reaffirm. Reaffirmations are special promises that you will pay the debt, no matter what happens. The mortgage company can also ask for proof of insurance. Most of the time people who want to stay in their homes simply "retain and pay." They makke the monthly payment, but do not reaffirm. If the mortgage company is doing anything to ask for payments, they are in contempt of the Bankruptcy Court and you should have an attorney cite them for contempt. After they get "relief from Stay" from the Bankruptcy Court, they can file to foreclose in state court if you are still behind on the mortgage. But they are NOT allowed to ask for any deficiency judgment against you in state court. That's because the Bankruptcy Court has discharged you of personal liability. Just remember, the bank can always enforce it's right to take the house back if you can't pay. But you are personally free to walk away from the house at any time.

Answer Applies to: Ohio
Replied: 8/18/2011

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They can move to foreclose if your payments aren't up to date.

Answer Applies to: Virginia
Replied: 8/18/2011

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You need to call your lawyer. Whether your mortgage was or was not discharged depends on what you filed and signed. The fact that you listed the debt does not answer the question. You list all debts, whether or not you file papers to retain or surrender the realty. Your lawyer knows what you did and did not do; we do not. (And if you did not have a lawyer it is very possible you made an expensive mistake).

Answer Applies to: Georgia
Replied: 8/18/2011

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Did you want to keep the home or let the mortgage company foreclose? If you want to keep the home then you will have to work out a reaffirmation agreement or a new mortgage that you will pay and keep up. If you have given the home to the bank it could be that you are just getting the normal foreclosure mailings. Sometimes the wording on those are a bit harsh but you are protected by the bankruptcy for the deficiency.

Answer Applies to: Colorado
Replied: 8/18/2011

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You must surrender your home or they are allowed to foreclose. After the bankruptcy they are not stayed from seizing their collateral. If they are continuing to attempt to collect funds from you despite your surrendering the home then you may be able to seek sanctions against them from the bankruptcy court. Send them a letter demanding that they cease to attempt to collect, then file your motion showing that you asked them to stop and they continued harassing you.

Answer Applies to: Nevada
Replied: 8/18/2011

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When you file chapter 7 your personal liability for real estate mortgages is discharged. This means you owe nothing if you give up the property. You must make all payments if you are keeping the property.

Answer Applies to: California
Replied: 8/18/2011

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They ought not be harassing you unless you agreed to repay them by signing a reaffirmation.

Answer Applies to: Michigan
Replied: 8/18/2011

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It really depends on how your treated your mortgage and property in your bankruptcy petition.

Answer Applies to: California
Replied: 8/18/2011

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You need to file a motion for violation of the discharge injunction against.

Answer Applies to: Georgia
Replied: 8/18/2011

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If you are no longer the owner of the home, then the balance of their deficiency is discharged in a chapter 7. Otherwise, you still owe it.

Answer Applies to: California
Replied: 8/18/2011

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Did you file a Chapter 7 or Chapter 13 case? If you filed a Chapter 7 case, did you reaffirm on your mortgage? If you signed a reaffirmation agreement, it is as if you never filed bankruptcy with regard to your mortgage. If you agree in writing (a reaffirmation agreement) to continue paying, you are liable for the debt after your case is over. If you did not reaffirm, you are not liable for the debt and they should not be calling you trying to collect. If you filed a Chapter 13 case and you were to continue making your regular monthly mortgage payments under your plan, most Courts allow creditors to contact debtors regarding payments that come due after the filing of the case. Again, if you surrendered the home, the bank should not be contacting you.

Answer Applies to: Alabama
Replied: 8/18/2011

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Not sure why they are doing it, but you need to contact them and advise that the mortgage has been discharged through bankruptcy. You may need to provide a copy of the discharge. That should stop collections efforts. If you are still in the home, however, you will need to vacate it. You can't discharge the debt and still keep the house.

Answer Applies to: California
Replied: 8/18/2011

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Mortgages are a discharged debt provided you listed it in your petition.

Answer Applies to: Colorado
Replied: 8/18/2011

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There are a few issues. It matters what chapter you filed and how the mortgage was listed.

Answer Applies to: Florida
Replied: 8/18/2011

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