Q: Financial liability after bankruptcy discharge for difference between short sale amt and amt owed?
Our 1st and 2nd mtgs were included in our bankruptcy. We were not allowed to reconfirm them, but we have continued paying on time and living in the property. Are we financially liable for the difference in amt owed and amt of a short sale since the discharge included the mtgs?
A:
If you have listed and included your two mortgages in your bankruptcy then you should not have liability for any difference between the amount of the short sale and what was owed. Your bankruptcy would have removed your personal liability for the mortgages. The only time that you would be responsible would be if you reaffirmed the mortgages in your bankruptcy. It this is not the case then the mortgage companies cannot come after you for the mortgages. For further information on this issue you can go to:
http://www.socaladvocates.com/Bankruptcy-Blog/2011/February/Foreclosure-After-Bankruptcy-Do-I-Have-to-Pay-th.aspx
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