Legal Question in Bankruptcy in Massachusetts

Our home equity loan was discharged through bankruptcy. We have a small mortgage that we are paying off. If we do not continue paying the heloc ,can they foreclose on the house?


Asked on 3/27/10, 7:24 am

2 Answers from Attorneys

Jonas Jacobson Law Offices of Jonas Jacobson

What does the note say?

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Answered on 4/01/10, 7:28 am
David Baker Law Office of David Baker

Probably yes. What the note says is almost certainly irrelevant because a discharge in bankruptcy discharges the obligation under the note, but does not eliminate the mortgage. This rule is very old, going back to a Supreme Court case called Long v. Bullard, in the 1800's. There would be an exception if the bankruptcy judge invalidated the mortgage for some reason, but that seems unlikely.

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Answered on 4/01/10, 8:25 am


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