How long can we remain in our home without paying the mortgage before the lender can force us out?

UPDATED: Aug 5, 2012

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How long can we remain in our home without paying the mortgage before the lender can force us out?

We filed bankruptcy about 3 years ago and the mortgage loans were included in it. But we have lived in our home and continued to pay each month like we never filed. Our bankruptcy atorney told us that we could “walk away” from the house at anytime because it’s included in the bankruptcy. But if we stop paying the mortgage to save for the move, could the mortgage company force us out early because of the bankruptcy or is there still a foreclosure process they must follow? How much time do we have if we stop paying the mortgage before they can force us out considering the house has already been included in a bankruptcy?

Asked on August 5, 2012 under Real Estate Law, Colorado


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Please speak with your bankrultcy attorney as soon as you can.  Please make sure that your actions did not imply that you have "ratified" the mortgage under the law.  If the debt was included in the bankruptcy then it was eliminated and you should not have been paying if you did not intend to keep the home.  Please, please get consultation.  Good luck.

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