Legal Question in Bankruptcy in Pennsylvania

Am I liable?

Almost a year ago, my Ch.7 was discharged. We owed quite a bit of back mortgage payments before that has been discharged as well. We couldn't afford to live in the house anymore(utilities, upkeep, etc)so we rented one and are living in it now. We set our mortgage company(Washington Mutual)up with an interested buyer who, up until a month ago, had been bargaining with Wash.Mut. to buy our house. Apparently, it fell through(bad move on Wash.Mut. part because they were going to pay close to what we owed on it, about $427,000. I'm sure our escrow had been used up a long time ago. I told the mortgage co. that we were moving out, about 6 months ago, and they sent someone in to close the house down, utilities and such, and they also changed most of the locks. As of now, the house seems to be falling into disrepair and the taxes are obviously mounting. Am I correct in assuming that we are NOT responsible for the real estate taxes and upkeep, along with the mortgage payments after discharge? We couldn't even come close to affording it anyway. The mortgage co doesn't seem to pay any attention, although it is in foreclosure. Thanks, I sure hope we are not responsible.


Asked on 7/06/05, 5:25 pm

1 Answer from Attorneys

Mark Johns Mark Johns, Esquire

Re: Am I liable?

If you did not reaffirm the mortgage in the bankruptcy then you don't owe any money. If you reaffirmed you may be on the hook. You should speak with a lawyer. I offer free consultations.

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Answered on 7/06/05, 7:52 pm


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