Can the foreclosure actually be held against me after the home was discharged in bankruptcy?

The facts you have presented are a little skewed so I can't tell what happened. I assume you filed for Chapter 7 bankruptcy. There is no such thing as "not included in bankruptcy", EVERYTHING must be included and I am sure was included in the bankruptcy. There is also no such thing as "reaffirmation of a home mortgage" in the central district of California, the judges will absolutely not do it. What I would like to know (and whatever lawyer you go with should know) is 1. were you current on your mortgage with US Bank/Select? What does the notice of default say? And, was the foreclosure reported on your credit report? Those are key pieces of information in any lawsuit.

Bankruptcy law requires all debts to be included. So there is no way to legally "leave out" a mortgage from a bankruptcy. Bankruptcy doesn't entitle you to free house. If you chose to continue to pay for the property after the bankruptcy, you can keep the property. Otherwise, it is perfectly normal to expect that the mortgage company will foreclose. While I can appreciate the fact that you would like to sweep all of this negative information about your use of credit under the rug, foreclosures are public records and no mortgage lenders will approve you for a new loan when you are in an active foreclosure, or indeed, for many years afterwards.

Your questions don't make complete sense. You say you paid the mortgage payments for three years but you do not say what you did once you decided to move. Did you continue to pay and list the property for sale? Dis you quit paying and walk away from the first property? The lender took your payments and applied them. The property remains in your name until it is sold or foreclosed upon. The bankruptcy discharged the legal liability to repay the mortgage loan. The lien remained in place and enforceable against the property as collateral after the discharge. If you make payments you keep the home. If you don't make payments the lender has the right to foreclose. And yes, a foreclosure on the record CAN affect the availability of new mortgage financing.

Yes.

It seems that part of your question is about your credit score, which I cannot opine about. What I can tell you are a few basics, which your attorney could have told you, which are: 1. You MUST list all of your assets and ALL of your debts when you file a bankruptcy case. You don't get to pick-and-choose which debts are listed. 2. Most large lenders, whether secured or unsecured, check the bankruptcy courts NATIONALLY on a regular basis. So, if you forget to list all of your debts, some lenders will catch this for you. 3. Once you obtain a Discharge, unless you re-affirm a particular debt (usually only a secured debt like a mortgage or vehicle loan), all discharge-able debts (like a mortgage) are discharged. 4. The Discharge removes any PERSONAL liability owed to that secured creditor, BUT DOES NOT remove the lien the lender has on the property. 5. This means that the lender CANNOT try to collect the debt, but CAN foreclose against the property and CANNOT obtain a deficiency judgment against the individual (s) that received a Discharge. My question to you is why did you pay the lender for three years on a Discharged debt? The lender has no reason to reject a voluntary payment you made to it. Your attorney could have save you thousands of dollars if you asked. That is why you hire an attorney - to get good advice. If this debt was Discharged, it sounds as though someone may have made a mistake in reading your credit report since the debt was Discharged years ago. Some people at lending companies do not understand the effect of a Discharge and make mistakes. It sounds like your new mortgage company may have just made a mistake in reading your credit report.