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can they remove me from my home now since my loan was never reaffirmed and I am a year behind on my payments?

Posted on: 30th Sep, 2009 03:57 pm
i filed chapter 7 bankruptcy; it was discharged in dec, 02. i am now behind 12 months on my mortgage payments. td bank says it can't modify the loan because it wasn't reaffirmed..i've paid them for 7 years...what are my options now and can they repossess my home?
Contact your banruptcy attorney and see if they can help you with some suggestions
Posted on: 30th Sep, 2009 10:09 pm
hi camillali,

as the mortgage debt was discharged in chapter 7 bankruptcy, you are personally not liable for it. however, you must make payments towards it in case you want to keep the house. since you are 12 months behind on your mortgage payment, there is a high chance that the lender will repossess your property. you do not have too many options to save the house. the only way to protect your house from repossession is to pay off the outstanding mortgage payments and get current on the loan.
Posted on: 30th Sep, 2009 11:59 pm
you discuss about your interest in house with bank. why have you stopped paying?

ensure to get it reafiirmed from bank as well. after that you can go for loan modification
Posted on: 01st Oct, 2009 10:31 am
I think you have to talk to lender and clear the payment that you missed.
Discuss it with lender and take decesions on it.

Best luck
Posted on: 01st Oct, 2009 10:42 am
As steavecomish is saying the stoping of paying was the major problem in this case. I think you should not have to stop the paying.

Before stopping the paying you should have talk with lender that might help you that time.
Posted on: 01st Oct, 2009 10:45 am
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