If my husband filed bankruptcy 5 years ago but never re-affirmed his mortgage, what are the consequences of his now walking away?

There was never a reaffirmation done on the house. Therefore he is not getting credit for making him house payment on time each month. Attempted to contact lawyer about this and was told he can walk away from the house and nothing can be done to him. He filed before we were married.

Asked on July 23, 2014 under Bankruptcy Law, Oklahoma


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The debt was discharged 5 years ago. He is no longer liable for the loan. Mortgage companiex prefer the individual to stay and make payments, even if the debt is not reaffirmed. If he is ready to walk away, he won't be liable for the debt as it was already discharged. He can walk away. 

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