Legal Question in Bankruptcy in Georgia

Foreclose on non reaffirmed mortgage

My 1st & 2nd mortgage were discharged BUT NOT reaffirmed in my 2004 C-7 bankruptcy. I find I can no longer afford to remain here and make monthly payments. Questions: (a) Once I stop making my monthly payments to both 1st & 2nd, how long before eviction/foreclosure takes place...in other words, how long can I remain on the property. (b)Once I vacate the property do I just notify both the 1st & 2nd of my decision to do so via certified mail, leaving keys inside the residence? (c) Since the debt was discharged and NOT reaffirmed I assume I just walk away - - something, in hindsight, I should have done in 2004. Correct? Thank you so much for anticipated response.


Asked on 9/27/06, 7:09 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Foreclose on non reaffirmed mortgage

That is a question for your bankruptcy lawyer, who will have the facts and documents.

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Answered on 9/27/06, 7:35 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Foreclose on non reaffirmed mortgage

These are questions your Chapter 7 lawyer should have answered. Call him or her.

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Answered on 9/27/06, 12:23 pm


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