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If I file Chapter 7 Bankruptcy can I still keep my house?

April 05, 2007

If you file Bankruptcy there are some things you need to know.
1. If you file chapter 7 and want to keep the house you need to re-affirm the house with your Mortgage Company.
2. If you file Chapter 13 you need to maintain your normal house payment in addition to the Bankruptcy payment.

When you file a Chapter 7 Bankruptcy and intend to keep the home you need to file the re-affirmation paperwork. The reason is if you don't and you get behind on the payments... the Mortgage Compony will not work with you and will require the full amount that is past due. If you filed the paperwork they may work with you and approve you for a workout to repay the delinquency over time.

This is a question that was asked to us over our website questionnaire by a prospective client.

"I filed Chapter 7 bankruptcy and need to know any options I have at this time. Court Summons filed March 28,2007 and I have 28 days to respond.


This is why we bring up the point about filing the re-affirmation papers. If you did file them then there are many options that would be available to you. If you did not then you will be required to catch the loan up in full.

Basically the re-affirmation paperwork makes you responsible for the loan again. The Chapter 7 erased that responsibility from you. The Mortgage Company will allow you to stay in the home as long as you continue to make the payments if you did not file, but once you get behind you are done.

This entry was:
Posted By Darin at 10:17 AM
Comments (37) | Categories: Bankruptcy, Ocwen, Foreclosure Information, Avoid Foreclosure, Ohio Foreclosure | Tags: bankruptcy questions stop foreclosure ocwen ohio dont file bankruptcy

Related Entries

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Comments

I filed Chapter 7 - 2 years ago, we continued to pay our house payment, but did not sign the reaffirmation paperwork. We have now fallen behind. If we cannot catch up will we have a foreclosure on our record?
Posted By Amanda on June 22, 2007 at 11:34 PM
i have two loans in foreclosure
right now.
we have 6 grand
and we make 111,000
a year

if i filed bankruptcy does this means wont have to pay what is owed on the property.

please help i want to keep property.
Posted By andrew on July 03, 2007 at 11:55 PM
If I have a adjustable arm and file
Chapter 7 and file reaffirmation to keep the house. Will the interest rate become a fixed rate.
Posted By Brenda Nesbitt on July 09, 2007 at 05:39 PM
We recently filed for Chapter 7 but really want to keep our house. We are behind in the payments, which are on an ARM. We don't make enough money right now to take up the current payment, but we could get enough money to get caught up if AMC would work with us in refinancing the mortgage. We owe more on the house then it's worth, however the chance of selling is about nill, since the economy here is very poor. Is there anything we can do or are we completely hopeless?
Posted By Nancee on July 30, 2007 at 06:19 PM
I have some investment properties in ohio that are starting to become distressed and I fear falling behind... if I can't keep up with them and let them go into short sale/deed in lieu /foreclosure can I lose my own residence to creditors? I'm wanting to work something out but am trying to plan the best route to take so I can be prepared.
Posted By Corner on August 06, 2007 at 08:02 AM
I am trying to reaffirm my house while filing chapter 7. The mortgage company wants 3000.00 to reaffirm. What can I or my lawyer do about this?
Posted By mONICA wRIGHT on August 09, 2007 at 07:47 AM
I FILED CHAPTER 13 MY HOUSE DID NOT GET IN IT BUT MY BEHIND PAYMENTS DID NOW I OWE FOR JULY AND AUGUST WAS DUE ON THE 1ST, THE LOAN CO. SAYS THEY ARE FILING TO HAVE MY HOUSE LATE PAYMENTS THROWN OUT TO TAKE MY HOME IS THERE ANY WAY AROUND THIS?
Posted By SIMMONS on August 17, 2007 at 07:46 PM
my ex husband filed bankruptcy. I am keeping the house payments up. Can they take it for his bankruptcy??
Posted By kim walker on August 22, 2007 at 12:23 PM
I filed a chapter 13 because i was behind in my house payments.. My mortgage is a ARM.. which my payments are not almost 1800.00 i would like to file a chapter 7 to keep my home.. would i be able to get a fixed rate and could i file a chapter 7 and still keep the house
Posted By Dora kwak on August 26, 2007 at 09:25 PM
I bought my house a little over a year ago and i intend to file a chapter 7. Will I be able to keep the house? I don't have any equity into it, will they make me sell it. spokane, washington
Posted By hailey on March 22, 2008 at 12:01 PM
I got a notice for foreclosure on my Home. I am back on payments for past 3 months and prior to that I had got an extension for 3 months, which the mortgage company revoked, so now it became 5 months past due.
Unfortunately I lost my Job and I am the only earning member of the house.
I have filed for un-employment, which would not be enough.
Now if I file for bankruptcy (Chapter 7), what would happen? Will I be able to keep my home or if it goes ahead with foreclosure, and is sold less than the remaining mortgage (which is highly possible), will I be responsible for the remaining money? Please help me. Please advise.
Posted By BN on March 23, 2008 at 08:01 AM
we filed chapter 7 in state of mo 6 years ago, we continued to make our house payments, now we are 3 payments behind and a chance of foreclosure. we owe more than its worth, what are our options?
Posted By gale on April 01, 2008 at 09:59 PM
I have a question, I filed for bankruptcy chapter 7 that was discharged in 09/2000. Because of failures in my personal and financial life, I need to file again. I want to file immediately to save my house, but I was told I must wait until June to file chapter 7. Can I file now chapter 13, and then change it to 13 in a few months, so that I save my house now and lose my hefty debt that is so much to pay back?
Posted By Dave on April 03, 2008 at 01:31 PM
im wanting to file chapter 7 and my ex girlfriend is on my house loan will she be held responsible or will she be forced into bankruptcy also if she wants out from the house to?
Posted By Jason on April 08, 2008 at 08:06 PM
I bought my house cash 16 months ago. If I file chapter 7 will it affect my house. it is jointly owned with my wife
Posted By mary feehan on May 18, 2008 at 02:59 PM
We have a home that we want to keep, our 1st mortgage is on time and we are doing good with that, but we are behind on our second, can we file a Chapter 7 and still keep our home, and through in the 2nd mtg co.?? Thank you
Posted By Lainey on May 29, 2008 at 10:56 AM
we file chapter 7 back in 2004. we have about 3 yrs left on the house payments. we wanted to refinance the house to get another car. but the finance company said no. that the need a re-affirmation paper. in our bankruptcy papers there is a paper that we signed stating that we will still be making payments on the house. they said that the papers are not the right ones. that they can't help us unless the house is paid off. is this true

thank you
Posted By annamay on June 03, 2008 at 09:06 PM
We are over 9 months behind on our house payment due to my wife being in the hospitol and my lay off back in sept. of 07' our home has been put up for sheriff's auction at the end of this month. my wife is now back to work and i am curently collecting unemployment. is there any chance of us saning our home?
Posted By Bradley Southern on July 14, 2008 at 08:32 AM
I hate dealing with Ocwen Mortgage. I guess that is a mild understatement. Ocwen bought my mortgage 1 1/2 years ago and it has been nothing but headaches and BS since then. My mortgage has went up twice, without notification and they have messed up my escrow now. We are behind by my choosing, because of the escrow. There is $1024.35 that Ocwen got from us but can't seem to tell us where that money went and/or why. I have done the math and it doesn't work. I changed my insurance company in March to lower my payments. I was paying $4800.00 a year for homeowner's insurance and now I'm paying $2605.00. (Ocwen mailed out payments to both and I am fighting to get the money back from the insurance company that I cancelled with.) Also, my homestead exemption kicked in as of Jan 1st 2008. I called and guess what? They hadn't applied it to my mortgage. I fought like hell to get it in place. (2 months time, BTW.) My payment should have gone down by close to 600.00 a month. But, they called on Friday to inform me now that my mortgage payment has gone up, ironically the exact amount of money that I saved via insurance and taxes to the penny. LOL. Also, to inform me that they don't pay my taxes, although they have for 2 years and it is in my contract that I make one payment, which includes prin+int+ins+taxes. They state that they have paid my taxes to date simply as a courtesy. LOL. A courtesy? How about this, per my contract? They did not have the original contract in front of them and the girl tried to start bullying me. LOL. I don't bully easily. It's simply not worth it to me. Now they have called 26 times since July the 1st and 50% of the time when they hear my voice they hang up. You can hear the typing in the background. LOL. They did call and asked for my husband, and he says 'My wife handles all of the finances.' I kept them on the phone for 49 minutes yelling at them and asking them to get it together. That was pointless. Here is the other funny thing, I am NOT on the loan, I am strictly on the title. Yet, they report it late on MY credit. ILLEGAL!!!! I did not sign, not one document in regards to the loan, my husband did. I have spent so many hours dealing with them and have yet to speak to the same person twice. There is always a different story. I refuse to submit to them and I refuse to allow myself to be ripped off any longer. I am trying to find an attorney who will help start a class action suit. It seems that this needs to be done. Although after much research I realize that the courts usually side with Ocwen. Ocwen makes sure that the venues get changed to where there are more favorable judges (my guess judges that own stock or being paid on the side, it's sad but this is our country.) I have resolved myself to letting go of the property and letting them lose money on their investment. Currently, we owe $326,000. The house is valued at $250,000 in this market. My husband and myself have realized that the stress from dealing with Ocwen isn't worth our health or happiness. Quite honestly, it pleases me to no end that they will lose money in excess amounts. LOL. I have gotten to the point where I actually make fun of the people when they call me. LOL. I know it sounds childish but when you are dealing with them and can't get a straight answer or speak to somebody that speaks ENGLISH, I'm kind of left with little else, except wait for them to foreclose. Which I am doing. I love my house very much but not at the expense of my family. Ocwen's stock has been on a steady decline for about a year and a half. Sound familiar? That was when they took over my loan. My advice to all or some, is simply this: let go. Let Ocwen suffer the loses. I have given up on the fact they will help the situation or fix their problems and I'm NOT going to pay them another red cent. They can kiss my a**. :-) I believe in a matter of time the government will step in and Ocwen will lose their a**es. I will try and find an attorney in the meantime to try and help us out of this pickle, even bankruptcy. If and when I find an attorney that is willing to help ALL of us out and away from Ocwen, I will post his/her name for all of you and every site that I can. I would rather an attorney make money than them. If any of you get an attorney that is willing to handle this, please post their name for others. I wish you all well and hope that you all get away from Ocwen. I read that somebody called them The Mortgage Mafia. LOL. How true. Remember this, it's just a house. It's not worth you or your happiness or your family's health or happiness. It is simply a material possession that can be replaced. Let Ocwen suffer the losses, not you. Life sucks as it is right now don't let them make it worse. Take Care.
Posted By Tonya on July 14, 2008 at 01:16 PM
My mother-in-law is about to loose her home because she is on social security and cant make her mortgage payment. She refinanced her house to help her children with the intention of selling in a couple of years before the payment went up. The housing market, as we all know, took a plung and she cant sell her house. She started a quick sale with her realator for 90,000 less than she ows on the loan. Is there anyway she could bile bankruptcy to save her home as she has no where to go.
Posted By Diane on July 15, 2008 at 12:36 PM
I want to file chapter 7. I am current on my mortgage and my car note and do not want to add these in bankruptcy. I have tons of credit card debt and medical bills that I want to include in the chapter 7.Can chapter 7 work for me or do I have to file 13 in the state of Mo?
Posted By Mary on July 19, 2008 at 09:53 PM
I recently filed bankruptcy and hsve a case number. I am current with my mortgage. But I owe this month's real estate taxes but don't have enough money to pay them until October. Will it make a difference in my case?
Posted By ROBERT ALEQUIN on August 14, 2008 at 12:32 PM
my ex quit claim deed my house to me. Now I am facing foreclosure and my ex will not sign on a loan modification. The sheriff's sale is Sept. 2, 2008. Can I force him to sign?
Posted By mila on August 28, 2008 at 07:01 PM
my lawyer didn't reaffirm on my house. i pay the payments on time what would be the best thing to do. help
Posted By lynn on August 30, 2008 at 09:11 PM
I filed a chapter 13 bankruptcy, i am now behind on my mortgage payments by 5 months, what options do I have now?
Posted By Janea Stemmons on September 04, 2008 at 01:05 PM
I filed for chapter 13, yesterday the court order the case to go for chapter 7. I'm not behind on payments, the house has no equity, or may be small portion, also, I have a judgment from state court. Question: can I keep the house if I don't oppose chapter 7 conversion and also get rid of the judgment?
If you can call me at: 415-251-3566
Posted By Rudy Velasquez on September 11, 2008 at 11:57 AM
have a business ,due to lack of funds got very behind in payments..have a home and want to keep that.and business is in one name not in spouse,yes im married..what type of bankruptcy do i file...i dont make much money to pay on chapter 13 payment plan.i hav read both chapter 7 & 13.bankrupcy,but im confused?help me.explain what is the best thing for me to do.debt are apx.250,000.my annual income is 26000.
Posted By ann on September 13, 2008 at 09:30 AM
I filed Chapter 13 to keep my home and it was converted to Chapter 7 because of the loss of income. My mom is my co-debotr, can she file the Chapter 13 to save the home?
Posted By Miralva De Alva on September 22, 2008 at 01:25 PM
If I were to file for Chapter 13 and make payments for 17-18 month could I then file BK 7 to discharge remaining debt. I am not eligable to file chp 7 till 2/2012
Posted By Mark on September 23, 2008 at 12:33 PM
i need to know what can i do i want to get out my house because i file charter 13 and i need to get a low income appartment beacause i am behine on my payment right now
Posted By raquel on October 13, 2008 at 08:54 AM
We just filed for bankruptcy, however the lady that is doing this for us did not tell us that we had to re-affirm with the mortgage company. We were already behing on the mortgage about 6 months when we filed and she new that. What will happen now? Will we be forced to foreclose? Our auction date is in 2 weeks. What do we do? I was told that we could just send the bank info on the bankrupcy and that would be sufficient. Please help, I don't want to loose my house.
Posted By Aida on October 30, 2008 at 05:35 PM
I worked for Cadbury Schweppes as Regional Manager (Quality Control and processing engineering) from 1-1-1979 till 2-12-2007. OnJanuary 2007 they asked me

to retire as they were downsizing. and they pay me my regular salary for one year as severance( I was born 12/07/1941).

I was able to make my monthly mortgage payment till February 2008. I am retired however, I decided to get a job so I went to truck driving school and I got

my CDL truck driving license, and I am looking for a job as truck driver.

On June 2006 my house went up in value to $570,000 that why I decided to refinance and pay my bill and spend some money on my house to increase the value.

The 120,000 that was financed divided as follows:

The lender broker and closing fee was $34,000 and I paid $35,000 bills and I got cash about $45,000. I spent about $20,000 on renovating the house.

I tried to refinance the house to get a better interest rate, however the value of the house went down to approximately $295,500 and I owe $520,000.

I could not afford for the time being until I get a job as truck driver. the government will try to help the home owner from foreclosure.

Also the Federal government will help Fannie Mae and Freddie Mac.

I am also looking for government grants to help me pay part of the house so that will lower my monthly payment.

I know the bill was passed by the congress and the president signed it and it will be effective on October.Would filing chapter 7 or 13 will help. Can I get a paralegal to file instead of lawyer because Because I have a limited budget. I also owe $21,000 to credit cards.
Posted By Frank E Sharaby on October 30, 2008 at 08:17 PM
i filed chapter 7 bankruptcy last friday, and just received a notice that my mortgage company has taken me off of the repayment program they set up for me. initially, i was 4 months behind on my mortgage and was in default. my mortgage company wanted to work with me and set me up on a payment plan that increased my usual payment by an additional 400 a month for 5 years. it is difficult but we are maintaining the payments.

so my question is, is it to late to inquire with my mortgage company about keeping my house? before filing, i have intended on keeping my house and car. my budget is tight but i have squeezed my 1st and 2nd mortgage and car payment into my small income. please HELP!!
Posted By Denise Cabanas on November 02, 2008 at 01:21 AM
My wife and I filed Chapter 7 - 3 years ago and listed our home in the bankruptcy. We went through a divorce 2 years ago and the divorce court awarded that I could keep the house and I would be responsible for the mortgage payments. The divorce court ordered that I had to either refinance the house or sell it to remove my exwife's name. For 2 years, I continued to make the house payments, but there was never a reaffirmation.I tried to refinance the house, but was unsuccessful. I put it on the market for a year and a half and could not sell it due to the decline in the housing market. I had no choice but to let the house go into foreclosure. Since the debt of house was previously discharged in the bankruptcy and nothing was ever reaffirmed, will the foreclosure additionally affect my credit now?
Posted By Marla Purdy on November 06, 2008 at 07:54 AM
If a home is discharged in a chapter 7 bankrutcy and then later is foreclosed on, is there any difference in the affect to my credit?
Posted By marla purdy on November 06, 2008 at 07:59 AM
Do both parties on the original mortgage have to sign the reaffirmation?
Posted By marla purdy on November 06, 2008 at 08:02 AM
i own a small company that has taken a big hit with the economy.my companies dunn and bradstreet report is good because i was stupid and bought my equipment with my personal credit.i own 2 homes,because my original home was sold and i bought a new one before i closed on my current home and the people buying my first home there loan fell threw 5 days before closing.my question is i am current on everything but the first house i am 2 months behind, i have been juggeling everything for 2 years now and i cant keep up anymore.all i am concerned with is keeping 1 semi truck and my current home. can i file bankruptcy and do this or what.i now have my first home sold contract for deed but i am not sure he is going to be able to buy it outright from me in march like he agreed to.the house i am currently living in was valued at 500,000.00 but now is worth 335,000.00 and i owe 334,000.00.what do i do
Posted By scott on November 21, 2008 at 11:05 PM

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