Legal Question in Bankruptcy in Texas

Mortgage after Bankruptcy

I own a condo that was included when I filed bankruptcy. The bankruptcy was discharged two years ago. I no longer want the property and am unable to sell it. If the mortgage company forecloses on it or I surrender it to the mortgage company, am I responsible once the property leaves my possession? Thank you.


Asked on 3/07/08, 10:48 am

1 Answer from Attorneys

Andrew Nichols Law Office of Andrew B. Nichols

Re: Mortgage after Bankruptcy

If the debt and the creditor (mortgage company) were properly listed in the bankruptcy paperwork then you should not be liable for this debt. The only exception would be if you signed a special document during the bankruptcy case called a "reaffirmation agreement". This is a legal pledge to repay a debt in spite of the fact you filed bankruptcy. If the condo was your primary residence it is possible you signed such an agreement.

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Answered on 3/10/08, 8:54 am


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