Legal Question in Bankruptcy in Massachusetts
Our home equity loan was discharged through bankruptcy. We have a small mortgage that we are paying off. If we do not continue paying the heloc ,can they foreclose on the house?
Asked on 3/27/10, 7:24 am
2 Answers from Attorneys
Jonas Jacobson
Law Offices of Jonas Jacobson
What does the note say?
Answered on 4/01/10, 7:28 am
David Baker
Law Office of David Baker
Probably yes. What the note says is almost certainly irrelevant because a discharge in bankruptcy discharges the obligation under the note, but does not eliminate the mortgage. This rule is very old, going back to a Supreme Court case called Long v. Bullard, in the 1800's. There would be an exception if the bankruptcy judge invalidated the mortgage for some reason, but that seems unlikely.
Answered on 4/01/10, 8:25 am