I filled for bk, we THOUGHT we reaffirmed but the mortgage co never got the paperwork so they discharged the mortgage. We are still in the house...

Asked by Rosej, Roseville, MI Wed May 25, 2011

if we stop paying on our mortgage how long do we have before they kick us out?

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Thu Nov 17, 2011
Chapter 7 does not discharge a mortgage, it is a secured debt. keep making your payments. If you have not had a foreclosure you still own your house.

If you are behind on your payments you need to either bring them current, or you may need to file chapt 13 to keep your house. Consult an Attorney.
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Trevor Hunti…, Agent, Port Townsend, WA
Wed May 25, 2011
You will receive the a notice of default after your payments are 60 days late. This will start a 100 day timeline to foreclosure. This timeline may be extended and take longer. I would consult an attorney to be certain. I also would consult that same attornery about your other options such as short sale, deed in lieu of foreclosure and loan modification. You may find that you can save your home with a modification or you may find the deed in lieu could work for you and potentially do the least amount of damage to your credit. You could also potentially short sale your home also doing less damage than letting the home foreclose.

Make sure you check you options and best of luck.

Regards,

Trevor
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