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What happens to the mortgage when you file for bankruptcy?

On Behalf of | Apr 29, 2024 | Chapter 7 And Chapter 13 Bankruptcy |

Filing for bankruptcy can be a daunting decision, especially when it comes to understanding its implications on your financial obligations, such as your mortgage. When you file for bankruptcy, it initiates a legal process that can impact your debts and assets.

Many homeowners have concerns about what happens to their mortgage in this scenario.

Impact on mortgage payments

When you file for bankruptcy, your mortgage does not disappear. However, the way you manage your mortgage payments may change. Depending on the type of bankruptcy you file for—Chapter 7 or Chapter 13—the treatment of your mortgage payments will differ. In Chapter 7 bankruptcy, the trustee may decide whether to sell your home to pay off creditors or allow you to keep it and continue making mortgage payments. On the other hand, Chapter 13 bankruptcy involves creating a repayment plan to catch up on missed mortgage payments while making regular payments during the bankruptcy period.

Foreclosure proceedings

Bankruptcy can temporarily halt foreclosure proceedings on your home. When you file for bankruptcy, an automatic stay comes into effect. This prevents creditors, including your mortgage lender, from pursuing collection actions against you. This means that foreclosure proceedings must pause until the bankruptcy process undergoes resolution. However, the automatic stay is not permanent and may only provide temporary relief. If you cannot resolve your mortgage arrears or meet your mortgage obligations after bankruptcy, foreclosure proceedings could resume.

Reaffirmation of mortgage debt

Sometimes, you may be able to reaffirm your mortgage debt during bankruptcy. Reaffirmation is a legal process where you agree to remain personally liable for the mortgage debt despite filing for bankruptcy. Reaffirming your mortgage allows you to continue making payments and retain home ownership. However, reaffirmation reinstates your personal liability for the debt and may have long-term financial consequences if you cannot meet your obligations.

Understanding the impact of bankruptcy on your mortgage helps you explore all available options for managing your debt. It can also help you make informed decisions about your financial future.

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