If I filled for bankruptcy 2 years ago but did not reaffirm the mortgage, can I now just walk away from it?
Question Details:
I continued to pay the mortgage. I am now unable to continue paying it. Can I legally walk away from the home or am I legally responsible for the mortgage?
If you did not reaffirm the mortgage, then you have no further moneteray liability on the property. You can just walk away. However, you can still be liable for violation of city ordinances, such as keeping the property safe, and not an eyesore. Different cities/municipalities have different laws, but until the property is foreclosed on or otherwise sold, you are responsible for things like that, as well as utilities if they remain on.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
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