Chipley, FL asked in Bankruptcy for Florida

Q: Can we be sued for not paying our mortgage after a discharged bankruptcy?

My husband and I filed chapter 7 bankruptcy last year. It was discharged in November. We did not reaffirm the mortgage, but have continued to pay the monthly payments since the discharge. My question is: Can the mortgage company do anything to us financially, if we just decide to quit paying and find another home? I checked our credit report to make sure it was included in the bankruptcy, and the account does say closed and included in bankruptcy.

Related Topics:
3 Lawyer Answers
James Turner
James Turner
Answered
  • Bankruptcy Lawyer
  • Orlando, FL
  • Licensed in Florida

A: The mortgage is comprised of two components: a promissory note and a lien on the property called a mortgage. Your bankruptcy filing discharged the note. That entire debt has been eliminated. However, the lender still has a lien on the property.

www.ConsumerRightsOrlando.com

Terrence H Thorgaard and David Earl Phillips agree with this answer

David Earl Phillips
David Earl Phillips
Answered
  • Bankruptcy Lawyer
  • Nashville, TN

A: You can pack up and move anytime you wish. The creditor cannot pursue you for the debt. You were very wise to not reaffirm the mortgage. Most lawyers do not recommend a reaffirmation agreement on the mortgaged real estate. You may still be liable for the local city and county code laws regarding the upkeep of the property until the mortgage company forecloses. Check with a lawyer in your area before you vacate the property. Hope it works out. Good luck!

Terrence H Thorgaard agrees with this answer

Stuart Nachbar
PREMIUM
Stuart Nachbar
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: While they can not sue you personally for $, they can sue to take the property.

Terrence H Thorgaard agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.