If my mortgage was included in a bankruptcy but the bank still wants to be paid and will not take the house back, what can I do?

Asked on December 8, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Good question. If the loan for the property that you own was included in your bankruptcy petition and the lender will not take the home back in a foreclosure or a deed in lieu of foreclosure, you need to carefully read all bankruptcy orders concerning the home and your lender.

After you have read the orders, you then need to consult with your presumed bankruptcy attorney as to the lender and if you do not have one, you need to speak with the assigned trustee on your case about the loan and what to do about it and the bank.

If you do not want to continue servicing the debt load on the loan for your home, then you have no obligation to do so. It is important that you consult with a bankruptcy attorney further on the subject.

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