Reno, NV asked in Bankruptcy for New York

Q: Ch7 Bankruptcy-Did not reffirm mortgage. Can I walk away?

Ch7 discharged 8/2017. All mortgage payments on time since then. House is not worth what is owed, only continued to make payments so my father had a place to live. He is moving out. I have rebuilt my credit since then and want to make sure the foreclosure will not show up on my credit. My understanding is that since I did not reaffirm the mortgage the debt is against the house and not me personally. I assume that means that the foreclosure will not show on my credit report. I am in the process of getting a mortgage right now and can't have any negative marks--even if I can remove through diluting them.

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New York

A: It was discharged only two months ago? And you rebuilt your credit since then. Must be a typo. The foreclosure will be on your credit report. You can walk away as you are correct about the debt only being on the house.

1 user found this answer helpful

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