Legal Question in Bankruptcy in Minnesota

Whose house is it?

I filed chapter 7 in 02 At that time my morgage was more than my house was worth. I chose not to reaffirm and let them take the house back. I have not heard from them since the hearing. I checked and the morgage is still attached to my abstract.After this long and with no notification could they have discharged the debt? I am still living in the house but have not paid the taxes since o2 on the advise of my lawyer since he thought they would take the house any way. I have to pay the taxes by 2008 or I lose it to back taxes


Asked on 4/05/07, 10:27 pm

1 Answer from Attorneys
Sam Calvert Calvert Law Office

Re: Whose house is it?

Well, that's pretty weird. You might calculate what the mortgage balance would be and see if you now have any equity; if so, you refinance or sell the house and pay off the mortgage. If the house is still under water, what the heck, pay the taxes and continue to camp out there. Pretty cheap rent. A mortgage debt remains enforceable for a long time --15 years after the due date, probably -- so the mortgage did not go away. Someone just lost it in the files; who knows if they will ever find your file. I am trying to track down a mortgage company for another client, it changed its name and then went out of business. I certainly would think that someone, someday, will call you up and want money, at which time you can say: "Hey, thanks for the free rent."

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Answered on 4/05/07, 11:35 pm


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