Legal Question in Bankruptcy in Minnesota

Re: can I file Bankruptcy

It would go back to the bank eventually if you did not make the payments.

Re: can I file Bankruptcy

I am assuming that when you use the term "file," you mean filing a Chapter 7 bankruptcy.

What happens to your home in bankruptcy depends on whether you make the payments or not, much as it would if you were not in bankruptcy. Make the payments and you can usually keep the house, don't and they will foreclose. The only thing is that once you file bankruptcy the lender will have to get permission from the bankruptcy court to foreclose, but that is routinely given.

A wild card right now may be TCF Mortgage company. I am starting to hear that they may not be following the usual procedures in their foreclosures.

In any event, if you want to walk away from the house, that is usually easy to do in the bankruptcy context.

This response is for general information purposes only and does not create an attorney-client relationship. I strongly suggest that you seek the advice of the attorney of your choice.