Wednesday, August 26, 2009

In bankruptcy? Pay mortgage to keep home

Found this over at bankrate.com:

Dear Bankruptcy Adviser,I have filed for bankruptcy. I did not reaffirm my loan and now find I cannot pay the first and second mortgages. It is just too much for me now. Can I walk away from my home? What will I be responsible for? -- Dorothy

Dear Dorothy,Congratulations if you've successfully completed your bankruptcy or simply made the difficult decision to file. But, it's disheartening to hear that you cannot afford your home payment anymore. Make sure that you do not give up on all attempts to modify your mortgage. Lenders are not acting consistently at all right now. Some of my clients have been rejected numerous times for loan modifications only to get approval after filing for bankruptcy. It is truly not hopeless.

Yes, you can walk away from the house because you did not reaffirm the debt. The liability on the debt will be eliminated by your successful bankruptcy. However, the liens that are attached to the house have not. To keep the house, you must make the payments, but you can walk away from the house and owe nothing to the first and second mortgage lender.

There is one exception, homeowners association fees. If you owe HOA fees, then all the fees
owed prior to the bankruptcy filing are included and eliminated in your bankruptcy.

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