QUESTION

Who owns the note and who has title?

Asked on May 03rd, 2013 on Foreclosures - California
More details to this question:
If my note was sold to Freddie Mac, does the service lender have the right to foreclose after no re-affirmation during a previous chapter 7 filing?
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4 ANSWERS

William A. Siebert
Yes. Bankruptcy affects only the debt, not the mortgage.
Answered on May 06th, 2013 at 3:15 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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Yes. The discharge simply removed the lender's right to sue you. The lender still has a lien on your home.
Answered on May 06th, 2013 at 3:15 PM

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Yes they do. Your loan is secured and not discharged in bk.
Answered on May 06th, 2013 at 3:14 PM

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Freddie Mac is the holder (owner) of the note and the beneficiary of the deed of trust. You don't provide enough information about what happened in the bankruptcy. Was the mortgage in default at the time of the BK? Was the mortgage listed among your debts in the petition? Are you saying the mortgage was discharged in the BK?
Answered on May 06th, 2013 at 3:14 PM

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