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BK and Mortgage in IL

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    BK and Mortgage in IL

    My husband and I filed chapter 7 bk and it was discharged in March 2011. We have a house and the mortgage was listed on the bk paperwork. My question is the house is in need of repairs beyond our funding ability and we were looking at walking away from the house and letting the bank take it back. We have paid on the mortgage and it is currently utd. Can we still walk away from the mortgage and still be covered and protected under the BK discharge. We live in IL. Any help would be greatly appreciated. Thanks

    #2
    Did you reaffirm the mortgage? If not, and you didn't refinance the mortgage after the BK, it was discharged and you can walk away with no personal liability.

    To reaffirm a debt, you and the lender must sign a reaffirmation agreement that is filed with the court. Either the debtor's attorney must certify that the reaffirmation is not an undue hardship or the court must approve the reaffirmation agreement.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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