Expert: Mark J. Markus- California Bankruptcy Attorney - 3/15/2008

Question
We filed our bankruptcy pro se in Colorado and did not complete a reaffirmation to keep our house with our lender, Wells Fargo, because they would never cooperate in the process. I got sent from one department to another, and i finally just filed the paperwork without the reaffirmation, claiming the house as exempt.  We have been on a repayment plan on the house for the past two years because we had gotten behind.  My husband is losing his job and I need to know what will happen; will we be responsible for attorney's fees, etc. since we did not reaffirm; every time we talked to our bank they asked if we were living in it with the intent to stay, and I told them the honest answer--yes--does that mean we will be responsible for all the fees. If we do have to start missing payments, how long under these circumstances can we stay in our home?  Is the foreclosure process more rapid than usual circumstances (no bankruptcy, etc) Thank you

Answer
If you did not do a reaffirmation agreement, then you owe no further obligations to the lenders.  If they foreclose, they get the property and nothing else.

As far as the timing, I have no idea what Colorado's foreclosure or unlawful detainer laws are.  You need to discuss that with a Colorado attorney.