Did not reaffirm IIB mortgage. Can the bank kick us out at some time in the future?

[hopejones]

We filed Ch7. We did not reaffirm the mortgage on our house. Our home was IIB. We have been living in the home & paying our mortgage on time every since. We are thinking about sending in extra mortgage payments so that our home is paid off sooner. Can the bank kick us out of the house anytime they feel like it since we did not reaffirm?

[dspii]

They won't....they want your money....it's called stay and pay....no court would allow the foreclosure if your current on payments....besides the bank doesn't need any more houses.

[kingfisher]

We have been through this and have kept our house 3 years now after including it in CH7. In this market, there's no win for them to foreclose. Another devalued house is the last thing banks need!

KF

[hopejones]

Thx for the responses guys. We have about $20K equity in our home. We intend on paying an addtional $500/month towards our mortgage starting this month. I don't want to get a letter from the bank saying they want our home back after we have paid thousands of dollars extra towards the principal & have thousands of dollars worth of equity.

[chrisdfw]

They can if it is allowed under state law. Generally it is not allowed. In most states I believe it is not allowed. Besides, as long as you are current, they have little incentive. They also don't have the competence to go around and check every current post-bk loan for equity, then foreclose.

I wouldn't worry about it.

[jarguello]

I filed chpt 7 and 1st and 2nd mrtg were discharged and not reaffirmed! A couple of months ago I found out that the second mrtg with Citimortgage is not recorded at the county's registrar of tiltles, I have not pay them in about 2 years now debt has been charged-off and with their recovery departmnt which doesn't do any type of settlemnts and they have shown no interest at this time in foreclosing b/c it doesn't make any economic sense to do so and they aren't persuing any collections, garnismnt, judmnt etc.. either b/c debt has been discharged.
My questions are these: 1) Is Citimortgage able to record the mortgage now and foreclose after discharged? 2) Since mrtg is not recorded properly and they don't have a valid lien againts property, they have no choice but to file a judicial foreclosure which will entail a judgement, and wouldn't that be consider a violation of the discharged injunction? 3) Is citimortgage out of luck since debt has been discharged? I have try so hard to find the anwers to this questions, it seems as if every lawyer has a different answer different philosophies. Please Help me. Second mrtg please just go AWAY!!