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I filed Chapter 7 bankruptcy; it was discharged in Dec, 02...I am a year behind in my mortgage payments but the bank says it can't do a loan modification because I didn't reaffirm my mortgage loan...I have been paying the mortgage for the past 7 years...If it was discharged, why was I paying the bank and if it was discharged, why didn't they remove me from the house?

adonis · Posted: Wed Sep 30, 2009 8:06 pm Post subject:

Hi camillali,

If you had reaffirmed the loan, then it would have made you personally liable for the loan. Thus, the lender would have agreed to a loan modification. However, as you didn't reaffirm the loan, the lender will not modify it as you are not personally liable for the dues. But, the lender still holds the lien on the property. Thus, he was accepting the payments that you made. If you stop making the payments and surrender the property, he would foreclose it and sell it off to recover the dues.

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mortgage never reaffirmed in New Jersey