If Ifilled for bankruptcy 2 years ago but did not reaffirm the mortgage, can I now just walk away from it?

Get Legal Help Today

 Secured with SHA-256 Encryption

If Ifilled for bankruptcy 2 years ago but did not reaffirm the mortgage, can I now just walk away from it?

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?

Asked on November 8, 2011 under Bankruptcy Law, Ohio

Answers:

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

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/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr

Mark J. Markus / Mark J. Markus, Law Offices of

Answered 9 years ago | Contributor

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/

bankruptcy blog: http://bklaw.com/bankruptcy-blog/

Follow Me on Twitter:  @bklawr


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption