Legal Question in Bankruptcy in North Carolina

If my mortgage was included in bankruptcy, can I walk away from the home ... I filed for bankruptcy (chapter 7) six years ago and have made every payment on time since. we have tried to sale the house with no luck. What if anything will happen to our credit.


Asked on 5/10/11, 1:29 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

It depends. Of course, you had to list the creditor in the schedules. Did you reaffirm the debt and not rescind within the allotted time. You lawyer or other bankruptcy lawyer can look it up on the Pacer System, that is look for a reaffirmation that was filed. The rescission would not have to be filed if made. If you reaffirmed, the lender could sue you for a deficiency in the event the house was foreclosed upon with insufficient proceeds to satisfy the note. The lender could also send in a default and show missed payments to the credit bureau(s) of which it is a member. If you did not reaffirm or rescinded then no report could go in and no deficiency could be taken.

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Answered on 5/10/11, 1:46 pm


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