Legal Question in Bankruptcy in Ohio

I live in Ohio, 2 years ago I received a chapter 7 bankruptcy discharge. I did not reaffirm on my 1st or 2nd mortgage, however I have been paying the payments every month on time. I still live in the house, but recently I had a job pay decrease and I am not sure I can continue paying the mortgages, I know I owe more on the first mortgage then the house is even worth let alone the balance I owen on the second one. I want to know if I move and stop making payments I know that they will forclose but will that foreclosure show up on my credit bureau as a foreclosure after a BK? Keeping in mind that I DID NOT file a reaffirmation on either mortgage?


Asked on 11/01/11, 4:07 pm

1 Answer from Attorneys

Daniel Gurtner Gurtner Law, LLC

If the home is foreclosed on now, the foreclosure will still appear on your credit and you will be liable for any deficiency when the home is sold. Even though you did not reaffirm the debts in your chapter 7 bankruptcy, you remain personally liable for any default.

Daniel R. Gurtner

Gurtner & Meier, LLC

[email protected]

This response is based on Ohio law and the limited facts you have provided and

is not intended to create an attorney-client relationship. I cannot provide

adequate advice to you without meeting with you in person. If you would like to

schedule a free consultation, please feel free to contact me.

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Answered on 11/01/11, 6:21 pm


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