Legal Question in Bankruptcy in Georgia

The first thing you need to do is find out whether or not you reaffirmed, because from your post you don't know. We can't possible tell you. If it is not filed, it is not reaffirmed. Call your bankruptcy lawyer and find out. Then while on the phone, take 2 minutes to ask him your questions.

Even if you re-affirmed, you should still WALK AWAY from your mortgage if the value of your house is 1/2 of what your principal loan balance is. Negative equity like that is downright toxic.

If you want an attorney to help you negotiate and/or strong arm your lender I would be more than happy to consult with you.

Feel free to contact my office (404) 522-0341

Best regards.

P.S.

If you filed for Ch. 7 in 2009, why didn't you cram down the mortgage at that point in time? Surely you were already feeling the results of the real estate bust and you must've had some negative equity at that point...correct?

You received some erroneous answers above. Cyrus is incorrect as you cannot cram down a mortrgage in a Chapter 7 (you can lien strip in a 13). And he is also wrong because if you DID reaffirm, you are liable for any deficiency.

Scott is closer to correct.

Hope that you did NOT reaffirm. It is almost ALWAYS a very bad idea to reaffirm realty, as you can keep a home without doing so. If you did not reaffirm, your debt was discharged, meaning you can walk at any time with no penalty. You also can retain the home by keeping the payments up, as the lien of a mortgage survives a Chapter 7.

It is irrelevant if someone mailed a reaff to the lender. A reaff is invalid unless it was filed with the court, either by him, you or the lender. Ask him to spend 30 seconds on Pacer and he can tell you if it was filed. (Hope that the answer is "no.")

Most people who work at the big mortgage companies these days are pretty incompetent so don't rely on anything they say. They often can't find paper they have. It is irrelevant if they have it. What does matter is "did the court get it?"

If your attorney is not helpful, call me at 404-768-3509 for an appointment and we can search, for a nominal fee, PACER (the court docket online) for you and then advise you.