Since I filed Chapter 7 and my mortgage was included, if I move out and it goes iontop foreclosure, am I liable for the mortgage debt?

My mortgage was included in the bankruptcy which has since been discharged. On debtor’s statement of intention, my home was claimed as retain and pay pursuant of contract. It was also claimed as exempt. The debt was not reaffirmed. I have moved out of the home and it is now going into foreclosure.

Asked on October 16, 2014 under Bankruptcy Law, Virginia


Greg Wiley / Law Office of Greg Wiley PLLC

Answered 6 years ago | Contributor

If there is no reaffirmation filed with the court, it is unlikley you have any liability on the mortgage.  These are items one should discuss with theit bankruptcy attorney.  You should keep insurance and the property kept.  Otherwise, you might have a liability that is not covered by the bankruptcy discharge.

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