I Affirm I Did Not Reaffirm

My husband and I filed a chapter 7 bankruptcy which was discharged in October of 08. We intended to keep the house and kept up the payments on both the 1st and 2nd mortgages. Since then the marriage fell apart and we handed in the keys and the property is now in foreclosure. 

I was under the impression that since we did not reaffirm either mortgage that we would not be liable for the loans because of the bankruptcy.  We are in California.  Is this correct? 

I talked with the mortgage company today about the foreclosure process and they said we are still liable.

Kristy

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Hi Kristy,

That is a question you would have to ask of your bankruptcy attorney; however, to my knowledge a debtor who does not reaffirm is no longer liable on a mortgage loan discharged.  And my advice to married people is always the same: stay married.

Thanks for the questions and hope this helps.

Paul

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.