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Question about loan mod after BK

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    Question about loan mod after BK

    I just want to double check this for my own sanity:

    If I discharge with a chapter 7 and/or chapter 13 and do not reaffirm the house.

    And I apply for a loan modification and the mortgage company accepts, lets say with a 6 month forbearance plan, am I in any way liable for the loan if I stop paying the payments?

    I am attempting to start a new 6 month forbearance plan for reduced payments in my house, but may eventually walk away from the house and rent a new place. So if I walk away and the mortgage company continues with the foreclosure, is there any way I am liable for the loan or do they just simply foreclose and I am done? e.g. I didn't choose to keep the house under chapter 7, so I am just curious what would happen down the line.

    #2
    Come on, someone's got to have this answer

    Comment


      #3
      Hi helpme,

      One of our lawyer-types posted that a modification is just modifying the orignal loan which is discharged, so you stay not liable.

      Lots of folks say to watch the paperwork carefully, run it past an attorney.

      Haven't seen any posts of someone modifying post-discharge and they walking away....

      ...but that might be the lack of people getting loan mods than anything else.

      Wish I had more answer for you, but your post was looking lonely....

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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