Do we have to go through the foreclosure process to get the house out of our name and do we have to do a short-sale with the mortgage company. Do we gain anything?We filed a chapter 7 bk and was discharged but kept paying the mortgage. We have stopped. ?
Your question is a bit unclear. It sounds like you filed for ch. 7 but planned to continue paying your mortgage. You now have stopped paying the mortgage and wonder what is going to happen? Is this what you mean?We filed a chapter 7 bk and was discharged but kept paying the mortgage. We have stopped. ?
These are questions you should be addressing to your attorney. However, I will give it a shot. I am surprised that the mortgage holder hasn't already filed to take possession of the house. Unless you reaffirm the loan on the house, you will need to vacate the premises. At this point it is simply a matter of going through the process. I would do whatever was most expedient. You certainly don't want to prolong this any more than necessary.
You are screwed. You can't file for BK again and since it's discharged, you can't amend the BK.
The bank WILL come after you for the balance and the IRS will tax you.
You can't just walk away.
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