Ace the West Virginia Mortgage Law 2026 Quiz – Unlock Your Path to Success!

Question: 1 / 400

What effect does bankruptcy have on a mortgage?

It automatically eliminates mortgage debt

It allows for the immediate sale of the property

It can delay foreclosure but does not eliminate the mortgage debt

The assertion that bankruptcy can delay foreclosure but does not eliminate the mortgage debt is accurate due to the nature of bankruptcy laws and the treatment of secured debts. When an individual files for bankruptcy, it triggers an automatic stay, which halts all collection activities, including foreclosure proceedings. This gives the borrower some breathing room to work on their financial situation and may allow for negotiations with the lender.

However, bankruptcy does not eradicate the underlying obligation of the mortgage debt. In Chapter 7 bankruptcy, debts are typically discharged, but secured debts like mortgages remain attached to the property. This means that while the borrower may be relieved of personal liability for the mortgage debt, the mortgage itself remains in effect. In Chapter 13 bankruptcy, the borrower may restructure their payments or catch up on arrears, but the mortgage still needs to be addressed during or after the bankruptcy process.

Consequently, while bankruptcy can provide temporary relief and delay foreclosure, it does not eliminate the borrower’s obligation to repay the mortgage, affirming the validity of the chosen response.

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It converts the mortgage into a personal loan

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