The reaffirmation of mortgage debts is possible in Chapter 7 bankruptcy but it’s not necessary. Learn what a reaffirmation agreement is how it affects your home mortgage.

When must a reaffirmation agreement be filed?

within 60 days
An executed reaffirmation agree- ment may be filed by any party, including the debtor or a creditor. It must be filed within 60 days after the first date set for the first meeting of creditors in the bankruptcy case unless the deadline is extended by the bankruptcy court.

What happens if you do not reaffirm mortgage?

If you do not reaffirm the mortgage, your personal liability for paying the debt represented by the promissory note is discharged in your bankruptcy case. The company can foreclose the mortgage and force a foreclosure sale if you stop making payments.

Do you have to reaffirm your mortgage in Chapter 7?

If you are current on your mortgage payments and file Chapter 7 bankruptcy, you may have been advised by your attorney not to reaffirm your mortgage during the process – or your lender may have refused to reaffirm. Mortgage lenders typically prefer you to reaffirm the debt because it gives them more leverage and options.

What happens to my mortgage if I file Chapter 7 bankruptcy?

If you own a home and file for Chapter 7 bankruptcy, your lender might ask you to sign a reaffirmation agreement. Here’s what it means, and why you may want to think twice. When you file for Chapter 7 bankruptcy, your personal responsibility for paying your mortgage will be wiped out.

What does it mean to reaffirm a loan after bankruptcy?

Reaffirmation is a legal term, but it loosely means a new promise to repay a debt after bankruptcy that otherwise would be wiped out. You and the lender sign an agreement that’s approved by the bankruptcy judge, and it becomes binding on you after your case is completed.

Can a mortgage be modified in a chapter 13 bankruptcy?

Modifying Mortgages: Cram Downs. In some instances, you can modify a mortgage in Chapter 13 bankruptcy so that the new principal equals the actual value of your home. For example, if your mortgage is $500,000 but the property value has declined to $300,000, you could modify the mortgage amount to $300,000.