Question: Can You Sell Your House If You Did Not Reaffirm?

Do I still own my home after Chapter 7?

Most Chapter 7 bankruptcy filers can keep a home if they’re current on their mortgage payments and they don’t have much equity.

However, it’s likely that a debtor will lose the home in a Chapter 7 bankruptcy if there’s significant equity that the trustee can use to pay creditors..

How can I get out of a reaffirmation agreement?

To cancel a reaffirmation agreement, you must notify the creditor. It is a good idea to notify the creditor in writing via certified mail with a return receipt postcard so you have proof that you have rescinded the agreement.

Can you negotiate a reaffirmation agreement?

When making an offer on a reaffirmation agreement, ask the lender to reduce the loan balance and the interest rate. Remember, this is a negotiation. You can expect the lender to come back with a counter offer. So, make your starting offer lower than the amount you are really willing to pay.

Can a bank foreclose after Chapter 7?

Chapter 7 bankruptcy will not, in the end, prevent a foreclosure on your home. … Or, the lender may wait to foreclose until the bankruptcy case is over. If you want to keep your home, you need to keep making your payments before, during, and after bankruptcy.

What does reaffirming your mortgage mean?

Reaffirmation is a legal term, but it loosely means a new promise to repay a debt after bankruptcy that otherwise would be wiped out. You and the lender sign an agreement that’s approved by the bankruptcy judge, and it becomes binding on you after your case is completed.

Can I refinance a mortgage that was not reaffirmed?

If the only issue is that you did not reaffirm the home loan in your bankruptcy, you will be able to refinance your loan with a different lender. Your lawyer was not remiss in advising you not to try to reaffirm the mortgage.

Did not reaffirm mortgage can I walk away?

If you have not reaffirmed your mortgage, if you stop paying and walk away from the home, the foreclosure will not show up on your credit report. If it does, you have the legal right to dispute that charge and get it removed. If, however, you did reaffirm your mortgage, you are still responsible for the debt.

Can I get a mortgage 1 year after Chapter 7?

Chapter 7 Waiting Periods A Chapter 7 declaration must have been discharged or dismissed for 2 years prior to application, if a borrower has either reestablished good credit or not incurred new debt. It’s possible an FHA loan will be approved after only 1 year since discharge.

How do I know if my mortgage was reaffirmed?

The reaffirmation would be filed with the court. Check the court docket. Go to the court where your case was filed and ask the clerk to printout the docket from your case and see if a reaffirmation was filed.

What happens if mortgage is not reaffirmed?

In the case of a mortgage, the agreement is between you and the mortgage lender. … If you do not reaffirm the mortgage, your personal liability for paying the debt represented by the promissory note is discharged in your bankruptcy case. However, your lender retains a lien on your home through the mortgage.

Can you file a reaffirmation agreement after discharge?

Reaffirmation agreements must be signed before the debtor gets his discharge in the bankruptcy. … The debtor must then file a motion to reopen the bankruptcy case, then file a second motion to vacate the discharge, then file the reaffirmation agreement with the court. Most courts will not allow debtors to do this.

What happens if I do not sign a reaffirmation agreement?

If you don’t sign a reaffirmation agreement, the lender can repossess your car after your case closes and the automatic stay lifts. Some car lenders are known to repossess the car immediately, even if you are current on payments.

Under what conditions will the court approve a reaffirmation agreement?

The court approves the reaffirmation agreement If the person is unable to make the payments as they come due, the bank can repossess the car and – since the debt wasn’t discharged – sue for the unpaid loan balance. The same is true even if you no longer have the car due to an accident, for example.

What happens when you surrender your house in Chapter 7?

When you surrender property in Chapter 7 bankruptcy, you essentially give it back to the creditor. … When you surrender the property, the creditor’s lien is removed. When you get the bankruptcy discharge, your personal liability for the secured loan is wiped out.

Why is my mortgage not being reported to the credit bureau?

There are four common reasons behind the unexpected absence of information on Credit Reports: the lender’s reporting time; the lender’s reciprocal data sharing agreements; the details searched to generate the Credit Report not matching the information on the mortgage account; and lender error.

How long do you have to reaffirm a mortgage?

Be sure to evaluate all of your options carefully and understand the consequences fully before deciding to reaffirm any debt. However, you must decide quickly because reaffirmation agreements must be filed with the court no later than 60 days after your 341(a) meeting of creditors.