Why is the mortgage company telling me that my house has been discharged in bankruptcy when it was not included in it?

You are confused between a discharged debt and keeping a secured property. If you want to keep the house then keep making the payments.

By law all debts must be listed in your bankruptcy and unless an agreement is made with the creditor all debts are cleared, so it is generally true that your mortgage goes away in the bankruptcy. However the lender retains the right to foreclose if you fail to make your regular payments. Specifics of foreclosure would be up to Florida law.

First of all, let me warn you that I am not a Florida attorney and this was posted in the California section so I don't know why you got me. The way it works is your personal obligation to the bank, on account of the house, is gone. You received a discharge and you are no longer personally liable. This is called in personal liability. Since you live in the house, and title is in your name, your property has an obligation to the bank. If you continue paying that obligation on time, they will not be able to foreclose on you. If you miss payments, they can foreclose (through normal foreclosure process). Bad news is you won't get mortgage statements and you won't get boosts to your credit score. Good news is, except for HOA fees, you can always just up and leave the property without negative credit ramifications. Also, it's terribly hard to refinance.

The Note was discharged as to you individually, but the Mortgage still collateralizes the real estate.

I don't know why you are insisting that your mortgage wasn't included in your bankruptcy, because it would have been a criminal offense for you not to have included it. I would suggest that you get out your bankruptcy paperwork and look at Schedule D. As long as your mortgage payments are current, you can keep your house and your mortgage company will not foreclose.

I guess I am left wondering what your question is.? If you are current on your mortgage, your mortgage lender has no reason to foreclose.? Your home and car had to be included in the bankruptcy under the law.? You may or may not have reaffirmed those loans, but since you didn't mention it, I would guess you did not.? If you did, you are still on the hook for any shortfall if the lender takes the home and sells it.? If you did not, then the unsecured portion has been discharged.? I cannot comment on the last question you asked because I do not know what is happening there currently.

Talk to your attorney for an explanation. ALL debts are included (and required to be included) in a bankruptcy filing, You may keep your home if the mortgage is paid and contractually current. Debt is still discharged, but mortgage holder cannot take collateral (home) if account in good standing. If a foreclosure sale has not occurred or will not occur, keep the mortgage in good standing and the home is yours.