Legal Question in Bankruptcy in Virginia

I filed chapter 7 bankruptcy in 2008. During the bankruptcy, we signed the papers to reaffirm our home mortgage but the lawyer never filed them, so our home was included and bankrupted. That's how it shows on our credit report and that's what they tell us each time we call. Can they still take the home if we don't make the payments? i know they can't come after us for the debt or the shortfall on any sale, but I just want to know if they can take the house.


Asked on 5/23/11, 10:17 am

2 Answer from Attorneys
Paul B. Ward Law Offices of Paul B. Ward

The bank has a lien that survived your bankruptcy. If you do not make payments the bank will be entitled to foreclose on their lien. The likely situation is that the bank will not be interested on foreclosing if you continue to keep the payments current.

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Answered on 6/01/11, 8:13 am


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