Please help asap about mortgage

[kimba251]

On phone with mortgage company and they tell me since my bankruptcy was discharged and closed that I am still responsible fro mortgage and they will come after me for money. Is this true even though I didn't reaffirm. Every person I talk to keeps saying since it's discharged I now still owe the money. What do I tell them?

We said house was exempt from being taken from us before when we wanted to stay and not surrendered but we did not reaffirm it.

We can walk away with no recourse right? PLease help I am so confused now.

[LimpDisc]

The mortgage was included in BK. Without reaffirmation they can't come after you for money if you decide to walk away.

[kimba251]

OK thank you.

[AngelinaCatHub]

You still owe them the money. Same as all debt that was discharged. It does not mean you do not owe them, it only means that the debt has legally been "forgiven" and they cannot force collection or sue you for a deficiency. If bothered by they again, I assume you are "paying through", tell them if they "don't get over it", you will walk away from your current mortgage and then THEY LOSE.

So technically they are correct, legally they can do nothing about it. 'Hub

[justbroke]

'Hub sums it up well.

However, and this ia an important point... them telling you that they'll "come after (you)" is entirely illegal. They are not allowed to even threaten to sue you. I read "come after (you)" as a threat to sue.

You do not personally have any liability to pay them money. They can't seek to collect money from you personally by suing or other legal channels (including "arbitration"). However, you do need to pay them or they can pursue their in rem rights against you. (In Rem just means against the property itself.) This means they can foreclose and sell the home.

However, they must follow all underlying State non-Bankruptcy laws. If you are paying on-time, then they can not foreclose. If you stop paying them, they have every right to foreclose and to sell the property.

If they use those words against you again ("come after you"), then I would inform them that they just violated the discharge injunction for threatening legal action to collect on a debt that was discharged in bankruptcy. That any further threats of enforcement against you personally will be dealt with in Court in a Contempt hearing.

Hey, but that's just me.