What if I decide not to keep my house when filing bankruptcy?
It is your option to not keep the house if you do not want it.
If you decide not to keep your house then the mortgage lender will have to file a foreclosure. Foreclosure is a proceeding separate from your bankruptcy and I do not represent you in the foreclosure. You generally do not need representation in foreclosure when you are willing to let the house go and generally foreclosure is a long process that takes a minimum of seven months before the sheriff’s sale. Until the sheriff’s sale you can stay in your house without making the mortgage payments or real estate tax payments but I recommend that you maintain insurance and keep paying any association dues. The debt to the mortgage will be discharged and they will never be able to collect money from you.