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No I stated that I filed for BK in Illinois long before I moved here and I continued to make the payments on my home since my attorney AND the mortgage company told me I could continue to live in the home as long as I did but that I could walk away when I wanted to - which I did and THEN I moved here a year and a half later.

I dont honestly know why I made the payments would make a difference ? The bottom line is that I didnt want to sleep in the streets and the other bottom line is the mortgage was included in my original BK - how int eh world can a company "reaffirm" the loan on their own? That makes no sense at all - if that was the case then all the credit card loans and anythign else I included in the BK in 2005 could also do so. I know the loan was in the BK and filed by the state - I found the original filing.

No big deal now - the home is gone and they cant get a penny from me anyway - so I dont care anymore - its just too hard to get a clear answer from the mortggage companies and attorney (which I STILL dont understand how they can keep selling the durn thing over and over again after the foreclosure is started but oh well, thats their problem now, not mine) I am so sick of the new mortgage places - 4 in total now since January that have taken this mortgage over - contacting me and wanting to "work something out" - uh, are they too dumb or just misinformed that they dont know the durn home was sold in August ????

Unless your final bankruptcy schedule clearly lists your original lender by name, in my opinion, you're still bound by that contract

and yes the final BK schedule clearly shows the original lenders name so I am not bound by any contract at all - they can come after me all they want - what are they going to do ? Foreclose on my apartment ?

Quote:

Originally Posted by TheJury'sStillOut

You stated you lived there after you filed bankruptcy, made payments on a debt that was discharged and then chose to walk away from that debt. Why would you make payments on a bill already included in the BK if not to honor the original terms? The lender could argue you honored that contract throughout the bankruptcy by the payment history alone, regardless of whether it was discharged or not. (Note "could" .. it IS a possibility in my opinion.) I'd suggest you contact a bankruptcy attorney as originally posted to both verify that the information originally given (i.e. "nothing would happen to you") was correct and that you are, in fact, no longer liable. A perfect illustration of just how much circumstances (and you do have an unusual one) do in fact alter cases.

FYI, the house will be foreclosed on and sold and any arrearages will continue to be listed on your credit report, if the lender is intent on pressing its case. You also should've signed a servicing disclosure in your original application paperwork (when you purchased the home) which advised you the mortgage would be sold after closing. Keep those documents handy; it sounds as if you may be needing them on a regular basis for your credit report.

Again good luck. I hope that attorney gives you the answer you're looking for. I just don't know as I'd be quite so optimistic (an opinion, and not to be construed as legal advice.)