Pro se and mortgage question

[blackomega]

I am looking to file chpt 7 bankruptcy next month, my mortgage is and has always been current or within the built in 16 day grace period. Question, when my brother filed BK several years ago a credit card company refused to reaffirm even though he was never late unless he used an attorney. Could my mortgage company do that and then foreclose even though I am not nor have ever been behind?

A second question I understand that unpaid wages up until the day you file are not yours, so the paycheck that gets deposited after I file for the wage period before, I cant use to pay bills?

Thanks for any help.

[justbroke]

I am looking to file chpt 7 bankruptcy next month, my mortgage is and has always been current or within the built in 16 day grace period. Question, when my brother filed BK several years ago a credit card company refused to reaffirm even though he was never late unless he used an attorney. Could my mortgage company do that and then foreclose even though I am not nor have ever been behind?

No. Credit cards (unsecured debt) and mortgages/cars (secured debt) work totally different. Most credit card companies won't reaffirm anyhow, and it makes no sense to do that. Foreclosures are governed by State non-bankruptcy law. In 50/50 States, a mortgagor (your lender) cannot foreclose if you're not in default of your mortgage/note. Usually, default includes things like not having hazard insurance (they usually just put force placed insurance and then escrow the amount), failure to pay property taxes (they usually just pay them and then excrow the taxes), and failure to remain current on your bill. So, if you're current, there is no recourse for a lender to foreclose upon your home.

IA second question I understand that unpaid wages up until the day you file are not yours, so the paycheck that gets deposited after I file for the wage period before, I cant use to pay bills

When they talk about unpaid wages, they are usually talking about accrued vacation and perhaps accrued sick days (which have a pay equivalent). "Regular" wages are not yours until they are actually paid. I wouldn't worry about this unless the day you file, you are paid and there are thousands in your account.