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  #1  
Old 04-30-2002, 02:15 PM
paulsmoney
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Question

Mortgage discharged?


Northern California Chpter7 BK/Discharged in May2000.
I realize my home had to be listed as an asset in my BK. My equity stand was protected. I never missed any payments throughout the proceedings (or the dilema leading up to the BK)

My attorney said the Mortgage was to be listed as discharged in bankruptcy, a formality, not eligible for reaffirmation.

I am trying to reestablish my credit and in reviewing my credit report the mortgage is being reported as discharged in bankruptcy.

Does this mean I no longer owe the balance? This is a secured loan right? It seems that this debt is not truly discharged and should have been handled in some other way so as not to be reported in this erroniously negative fashion.
  #2  
Old 04-30-2002, 03:38 PM
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Join Date: May 2001
Posts: 6,453
Are you sure it doesn't say included in bk? No, you still have a mortgage. That debt wasn't wiped out. Also keep in mind that you noy only have to list assets in bk but, liabilities as well. Any way you try and slice it, that mortgage will have some mention of bk attached.
  #3  
Old 04-30-2002, 04:51 PM
gottago
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The mortgage note survived the bankruptcy. In other words, you still owe the payments each month, and the lender is free to forclose on the property if you fail to make payments.

On your credit report it says "included in bankruptcy," or something like that. That simply means that the debt was listed in your filing...not that the debt was wiped out.
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