Legal Question in Bankruptcy in California

Discharge of Capter 7 behind on mortgage payment

Going into chapter 7 I was delinquent on 2 mortgage payments, I asked to retain my current mortgage,while in chapter 7 I have been making all my other monthly payments on time however I have not been able to catch-up on the 2 payments I was behind. I just received a discharge, have not heard anything from the mortgage co. just yet. Will the mortgage co. forclose if the 2 payments are not paid or am I excused from the 2 payments that I owed when I went into chapter 7?


Asked on 7/28/03, 10:41 am

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Discharge of Capter 7 behind on mortgage payment

No, you are not excused from the payments. The mortgage company is presumably secured by the property and they can foreclose on the property if you are delinquent with any payments. However, since you were discharged from the debt, if they do foreclose, you will not owe any deficiency amount after the foreclosure unless you signed and had filed with the court a reaffirmation agreement on that debt.

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Answered on 7/28/03, 12:59 pm


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