Late fees after discharge

[325Falcon]

Discharged in Jan 08, house was included in BK. We have stayed in the home and kept paying on time before, during and after BK.

We just fell behind by two months in June, July. The bank (BOA) charged us late fees for these two months.

I thought that since the debt was discharged in a chaper 7 we could not be charged late fees or any other type of punitive type fees related to the discharged debt.

Any thoughts?

[NoMoreCards]

By continuing to pay on the house while living there, you are doing what I believe is called a ride-through, if i understand correctly you did Not do a reaffirmation of the mortgage. Because you are intending to continue living there and making the mortgage payment, they have every right to charge a late fee when you are late.

Now if you wanted to just walk away, you could (being as it was included in your BK), but if your intention is to stay there...you will need to pay the late fee.

This is my opinion only, I am not a lawyer. :-) I am sure more experienced answers will come along soon.

I wish you the best.

[NewLifeAhead]

If you intend to walk away from your house, then you are not personally liable for the mortgage because of your bk and can walk away. They cannot report on your credit report about the foreclosure if you walk.

But if you want to stay, you need to keep current and pay the late fees.

[anime-chicka]

I'm not sure where you got the idea you wouldn't be charged late fees for paying late, but you will. Just like you have to pay a late fee to your utility company, the video store or any other place that will penalize you for paying late.

BK discharge is not a get out of jail free card. You still have to pay the penalties.

[325Falcon]

I'm not sure where you got the idea you wouldn't be charged late fees for paying late, but you will. Just like you have to pay a late fee to your utility company, the video store or any other place that will penalize you for paying late.

BK discharge is not a get out of jail free card. You still have to pay the penalties.

"get out of jail free card" Now thats funny!

Well I got the idea from the debt being discharged. Since its discharged I could walk away tommorow or I could stop paying alltogheter, continue to live in the home for months untill the bank evicts me and not be responsible for the any of the debt, fees or penalties. No? IE: Just like the cars that where included in the BK, I kept them untill they where repoed and did not pay any fees or penalties

[hereforinfo]

They can charge you the late fees. You are not obligated to pay the late fees. But they are not obligated to allow you to continue living in the home if you do not.