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So, to paraphrase, 5 years ago you filed Chapter 13. While you did make your Plan payments you did not make your post petition mortgage payments. Now that you have completed the Plan you owe $40k in post petition mortgage payments. The person at HUD told you (incorrectly - unless you live in an anti deficiency state) that since you did not “reaffirm” the mortgage you can walk away without a care in the world.

You now want to know if your failure to make the post petition payments threatens the discharge you got. Well, it does not. However, if you do not work it out with the lender you will eventually lose the home to a foreclosure. As to your potential liability to the lender after foreclosure, that depends upon state law. If your state has an anti-deficiency statute you should be fine. If it does not, it will be up to the lender to see if it will persue a deficiency claim. While your Chapter 13 discharge does not preclude the lender from going after you, it is highly unlikely that it will because most lenders do not understand what a Chapter 13 discharge does and/or does not allow. Google 11 USC 1328(a)(1) AND 11 USC 1322(b)(5).


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