Legal Question in Bankruptcy in West Virginia

statue of limitations on foreclosing on my mortgage

I filed chapter 7 bankruptcy in WV and was discharged in 2004. My mortgage was included in the bankruptcy but was never reaffirmed. We have been making payments on it, but I was wondering what would happen if we stopped. Can they still take my home? We have been trying to refinance our mortgage but most places won't help use because we have never reaffirmed it and said we would have to have our case reopened. Could you advise me on this?


Asked on 4/22/08, 9:39 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: statue of limitations on foreclosing on my mortgage

Because you did not reaffirm the mortgage debt, the creditor can only foreclose on the property if you fell into default. That is, the debt remains discharged and there could be no deficiency suit if the property sold for less than the payoff.

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Answered on 4/23/08, 3:55 pm


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