Keeping Homes
Many clients want to know whether or not they can keep their home in a Chapter 7 bankruptcy filing. In most instances, as long as the debtor is current on their home when entering the bankruptcy and remains current on their home through out the bankruptcy, they are allowed to keep their home.
Many mortgage companies require the debtor sign a Reaffirmation Agreement in order to keep the property. Reaffirmation Agreements are contracts between the debtor and the lender essentially removing the mortgage from the bankruptcy proceedings. Debtors should be certain when signing a Reaffirmation Agreement on their home that they are able to make and continue to make their monthly mortgage payments.
After a Reaffirmation Agreement has been signed, there are no Bankruptcy Court protections regarding that mortgage. As such, debtors must be certain of their ability to continue to pay their monthly mortgage payment before signing a Reaffirmation Agreement.
