Discharged Bankruptcy Chapter 13 With A Mortgage
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FAQ
Your Mortgage Was Discharged That means if you fail to pay, the lender can forclose but isn't allowed to come after you for the deficiency after the foreclosure sale. It means you owe $0 on your mortgage. You're paying the security interest, but there's no personal liability.
If you're using an FHA, VA, or USDA loan, you can apply for a mortgage as soon as 1 year after filing for Chapter 13 bankruptcy, and there's no waiting period after being discharged. Conventional loans, however, will not approve you while in Chapter 13 and require a two-year waiting period after discharge.
Reaffirming a mortgage debt requires a comprehensive multi-page reaffirmation agreement that must be filed with the court. The reaffirmation agreement also requires the debtor's bankruptcy attorney to indicate that he or she has read the agreement and that it does not impose any undue hardship on the client.
Unlike other debts, your mortgage payments will not be discharged after you complete your payment plan. In other words, you'll have to keep paying your mortgage in order to keep your home after you've completed your chapter 13 obligations.
A Chapter 13 bankruptcy will remain on your credit report for seven years from the date of filing. At the end of seven years, information on your bankruptcy will fall off, and your credit score could increase.