Legal Question in Bankruptcy in California

Hello, I had gone through a Chapter 7 Bankruptcy in CA, but kept paying my first and second mortgage. Now I find myself going through a mortgage modification which most likely will not come through. My question is whether or not my bankruptcy would "cover" me if my home is foreclosed upon.

Thank you


Asked on 2/22/11, 8:48 pm

1 Answer from Attorneys
Tony Carballo Carballo Law Offices

Yes, your personal liability for the mortgages was likely discharged. Therefore, if the bank forecloses then you should have no further liability for the mortgages. If you want to keep the home you must pay but if you want to let it go just stop paying and wait for the foreclosure. Make sure you do check with your bankruptcy lawyer who knows your case and who you paid to represent you.

You should only rely on your own lawyer. This goes for everyone asking questions online. Online answers may be wrong because of the limited information the lawyer responding is given and because the person asking may not be asking the question properly, understand the problem or even know all the facts accurately.

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Answered on 2/23/11, 4:10 am


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