Expert: Terry Leeders - 8/19/2007

Question
SC Bankruptcy--My ex-husband and I filed a Chapter 7 in 1999.  At that time, we filed a reaffirmation agreement on our home and a mobile home that was being bought by someone else and the payments were being made through us.  The agreement for our home somehow was submitted and filed twice, but the mobile home was not filed at all.  Therefore, the payments have all been made on time for the past 8 years.  Now, the mobile home is vacant, and I cannot afford to keep making the payments, nor do I want to hassle with renting it out.  I know I am not obligated to continue making the payments since it was discharged in 1999, but how will it affect my credit if I send it back now?  I have worked very hard to rebuild it, and do not want to do anything to damage it further.  Any information you can provide, or suggestions, would be most appreciated.

Answer
If you signed the reaffirmation agreement, then you would be held responsible for the balance owed after it is auctioned off.  This is something you need to discuss with your lawyer to verify how it was filed with the court if at all, and any responsibility you may have on it.