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Old 01-05-2009, 04:11 PM
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Default Mortgage/Foreclosure/Bankruptcy question in...

...California? I filed Chapter 7 bankruptcy over a year ago and was granted the discharge. It was granted with intent to keep my house/mortgage (payment was very high-which allowed for a chapter 7 and not chapter 11). I never signed a reaffirmation agreement with my lender and the house is at an adjustable rate (currently at 9%) and i have fallen several months behind. The balance owed on the home is almost double the value. My question is: If I walk away, am I responsible for the difference in value--or am I covered from Chapter 7? What about the premise of me granted chapter 7 because of the large mortgage payment--will I be responsible for paying back some of the other debt because I dont have the mortgage payment--or is that all done with since chapter 7 was already granted?Thanks for any help (losing a lot of sleep!)
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Old 01-05-2009, 05:55 PM
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I am in the exact situation, and my bankruptcy attorney explained to me that we would owe absolutely nothing if we were to walk away, call the attorney who did your chapter 7, they'll explain it to you, don't worry, it'll be fine you won't owe anything.Edit: To the person below: California laws are different, we can walk away scott-free., and as he said he never signed a reaffirmation agreement and neither did we.
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