Mesa, AZ asked in Bankruptcy for Arizona

Q: Filed a chapter 7 bankruptcy that was discharged January 2011. Have been making payments to a mortgage servicing company

Bk coming off credit in January 2021. Do I need to refinance and reaffirm to get the home back in my name?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes, if possible.

Diane L. Drain
Diane L. Drain
Answered
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: The mortgage and home are in your name, no matter if you filed bankruptcy. The bankruptcy discharge removed your legal obligation to pay the mortgage (assuming you listed the debt as you were required to do). If you want to keep the home you must pay all secured debts, which include the HOA.

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