QUESTION

What is a code warning code 3 on a home loan after bankruptcy?

Asked on Oct 28th, 2011 on Bankruptcy - Colorado
More details to this question:
I had a chapter 13 bankruptcy in October of 2007. It was discharged in 2010. I have done deed in lieu this year on home. The bank says there is a warning code 3 on loan. What is it? Can it be removed? The home was not attached during bankruptcy.
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5 ANSWERS

Bankruptcy Attorney serving Myrtle Beach, SC at Law Office of Margaret L. Evans, PC
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You may want to check with the bank for an explanation of what that means.
Answered on Nov 02nd, 2011 at 11:22 AM

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Consumer Bankruptcy Attorney serving Los Angeles, CA at Orantes Law Firm
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Banks have their own internal "warning" codes. Only the bank can answer what that code means. Once you know that, you can post a question based on that. However, if you listed the debt against your house in the 13, even though you kept making payments on your house, your debt to the bank secured by the house should have been discharged unless you signed a reaffirmation agreement specifically reaffirming the debt secured by the house, which I don't know any lawyer who would suggest that as to a debtor's residence. If you do a deed in lieu, there should be little effect to you as the debt was already discharged anyway. What that means is that you do not have any liability for the debt secured by the house at your personal level, but the house does continue to be security for the bank, which can proceed to foreclose, etc.
Answered on Oct 31st, 2011 at 11:44 AM

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Trusts & Estates Attorney serving Camarillo, CA at Law Offices of Larry Webb
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Who knows. Sounds like the bank's internal jargon for some bank policy. Remember bank policy and procedure is not law, and in fact may actually violate the law.
Answered on Oct 28th, 2011 at 7:36 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Sounds like a code 3 warning by the Bank is created by the Bank and therefore they should be asked. There is nothing in the bankruptcy law that requires the Bank use of the word code 3 warning.
Answered on Oct 28th, 2011 at 6:32 PM

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Was the mortgage discharged? Did your plan call for surrendering the house? If not, the loan was probably not discharged. "Code 3" is not a bankruptcy or legal term, so it must have something to do with the lender's internal accounting.
Answered on Oct 28th, 2011 at 5:10 PM

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