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Sister on the house loan and title with me BK7
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I don't know that I would even re-affirm the debt. You may want to ask your lawyer about riding through.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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I'm sorry I'm lost, you wouldn't re-affirm the debt, ask my lawyer about ride through.
What does that mean, wouldn't reaffirm the house debt. I want to keep the house, and I can afford it. Plus what does ride it through mean?
Thanks for your help.This isn't legal advice, I'm in the same boat you are.
Talked to lawyer Feb 25,2010
Stopped paying / using credit cards march 1st.
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Originally posted by outofdebt201 View PostI'm sorry I'm lost, you wouldn't re-affirm the debt, ask my lawyer about ride through.
What does that mean, wouldn't reaffirm the house debt. I want to keep the house, and I can afford it. Plus what does ride it through mean?
Thanks for your help.
am i wrong?Filed chapter 7 on 9/17 341 on 10/20
Chapter 7 Trustee's Report of No Distribution on 10/21
Discharged and Case Closed on 12/21/2010
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That's correct scorpion. By doing the "ride through" or "retain and pay", you can stay in the home and continue to pay on time. If you ever need to default, the debt itself is already discharged in the bankruptcy -- meaning you technically don't owe it but can pay it if you want to. The only recourse for the lender at the point you would stop paying, would be to foreclose. The lender would not be able to pursue any deficiency claim.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Yes. There is a place on the bankruptcy petition to list codebtors.
Originally posted by outofdebt201 View PostThanks for the information. I love my house, and can't believe it so affordable in my area. Will my sister need to be informed of my BK because of the house.Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.)
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Originally posted by justbroke View PostThat's correct scorpion. By doing the "ride through" or "retain and pay", you can stay in the home and continue to pay on time. If you ever need to default, the debt itself is already discharged in the bankruptcy -- meaning you technically don't owe it but can pay it if you want to. The only recourse for the lender at the point you would stop paying, would be to foreclose. The lender would not be able to pursue any deficiency claim.
And the sister can petition the court to sell the house so that her credit isn't impacted should her sibling not pay the mortgage. And she would have a very good chance at winning her argument should the OP not reaffirm the mortgage. Just one more thing to think about.
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