QUESTION

Do I legally still have a contract with them and why don't they report my payments on my credit report?

Asked on Mar 15th, 2013 on Bankruptcy - Florida
More details to this question:
My mortgage was included in bankruptcy because the bank would not accept reinstatement of loan without paying them a high fee to reinstate and lawyer said they couldn't do that. It happened though. Mortgage was always paid no missed payments and continue to pay to date on time no late fees . They do not report this to the credit beaura that payments are being made. If both husband and wife died before loan is paid what happens to the loan or house? Any help would be appreciated. Thanking you in advance.
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4 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV
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Bank will not and does not have to report your payments to the credit bureau. However, you do have a contract with the bank. Upon payment in full they will have to release your lien and convey clear title. If payment is not made due to death or any other reason, the bank will foreclose. Any deficiency has been discharged through the bankruptcy.
Answered on Mar 15th, 2013 at 3:45 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Your misunderstanding of this situation is really overwhelming. If you filed bankruptcy, federal law required you to list your mortgage debt as it requires you to list all of your debts in bankruptcy. Mortgage lenders will not report your payments to the credit bureaus after filing, but you can always obtain a print out of your payments and account history from the lender if you decide to refinance. If your mortgage is paid every month, you will continue to own the home. If you die, your heirs can inherit the property subject to the balance on the mortgage. If you fail to make the mortgage payments in the future, the mortgage company can foreclose but they cannot sue you to collect any difference should the property sell for less than the amount you owe.
Answered on Mar 15th, 2013 at 1:59 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You should first contact your bankruptcy attorney for his advice. If he is not available or willing to give it to your detailed factual situation will have to be explained to an attorney so that he can form an opinion which you would be confident, and reasonable, to rely upon. The factual situation as explained by your question is insufficient to allow the formation of an opinion, much less one that you would like to bet a significant amount of money on.
Answered on Mar 15th, 2013 at 1:54 PM

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Bankruptcy Attorney serving Plantation, FL at Moffa & Breuer, PLLC
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You have many good questions and the answers are complicated. First, all debts must be listed in a bankruptcy case. There is no such thing as not including a debt, mortgage or property in a case. Once you get a discharge of your debts, including the note for the mortgage, you do not owe them any money and payments cannot be listed on the credit report because you don't owe them any money. All the bank has now is a claim against the property that was pledged as security they cannot look to the maker(s) of the promissory note for payment nor include information about a discharged debt on a credit report. In the Southern District of Florida you would be allowed to reinstate the mortgage, assuming you could make the appropriate payments, in a Chapter 13 case. This is true even if you just finished a chapter 7 case, you just might not be entitled to a discharge of any debt. In addition, there is a Mortgage Modification program which is now beginning in our courts which might help a number of people get modifications where really needed. The way you stand right now is that the lender can only look to the property to be paid and can never look to you or your husband(assuming the debt was discharged and not reaffirmed). So if you both passed, there would be no liability by either of your estates, but the lender could sell the property to satisfy the lien/mortgage it holds on the property.
Answered on Mar 15th, 2013 at 1:53 PM

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