cancel
Showing results for 
Search instead for 
Did you mean: 

Chapter 13 discharge

tag
petloverr
New Member

Chapter 13 discharge

Officially discharged 12/12/2012. Can't finalize for this strange (to me) reason.  My mortgage company have changed 3 times during 5 years. And the last one, my current mortgage servicer company does not accept the fact that my debt was included in the bankruptcy and discharged. Trying to initiate a foreclosure on my house. Can't afford to get the lawyer. I am a Pro SE in my case. Can you help me?

Message 1 of 3
2 REPLIES 2
gcb730
Member

Re: Chapter 13 discharge

I also filed Chapt 13 pro se, completed a 5 yr plan and the BK was discharged.  I had a first and second mortgage. Liens on property such as mortgages are not usually eliminated in Chapt 13.  The terms of the mortgage may be modified by judge and the trustee may require the payments be made within the plan, but after discharge the creditor may enfoce a vaild lien on secured property like a mortgage that wasn't eliminated by the BK case.. 

You need to review your plan and discharge and see the status of the secured debt.  I would guess that you needed to resume your mortgage payments after the BK discharge and once you were 3/4 payments behind, the mortgage lender began foreclosure procedures.  If the mortgage payments were being handled by the trustee, he/she should have informed you when the resumption of pymts to the mortgage holder became your responsobility.

Message 2 of 3
petloverr
New Member

Re: Chapter 13 discharge

Thank you for a quick response. My situation is far from your description. My mortgage payments were included in a bankruptcy, I have paid them out for 5 years.

Within these years my mortgage loan were being sold 3 times and the last mortgage company does not accept this fact for some strange reason. Perhaps something wrong has happened with the last mortgage transfer. I got a nasty letter from them yesterday about foreclosure If I don't pay my debt. I have sent them the discharge order and tried to resolve on the phone, but nothing helped. Guess I need a professional help, but I don't really can afford it. Retired widow, working every day, but still can't afford it.

Message 3 of 3
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.