Questions about a mortgage that was discharged (not reaffirmed) in BK7. Several areas of question

[2b2rich]

My discharge was in Jan 2020.  It was not reaffirmed but I have been making payments each month on it.  In July 2020 I received a notice from the original lender that the loan servicing was being transferred to someone else and that payments would need to begin going to them.  This new lender has been calling and emailing and even 'stalking' me on fb with refinance offers from day one (literally before my first paymen was due to them). I don't want to refiance with them so I don't  reply.

This morning I emailed someone from the previous lender and asked if the loan had been sold or had this other company just been contracted to collect the payments, and also that I didn't believe I am even qualified to refinance until 2 years after discharge.  He replied that my loan had been sold to this new servicer, and that he was sure that it must have been reaffirmed in the BK7 or else it wouldn't have been able to be sold, but that he had sent an internal email to another dept to be sure.  I am positive I didn't reaffirm this mortgage.  I had asked my attorney to, but they told me that the mortgage lender never replied so we moved forward without reaffirmation and there was never a contract or any documentation from the mortgage lender to sign.  The new servicer's statements have a disclaimer that states I may be a debtor in bankruptcy or discharged, etc. so they apparently know, though I can't imagine any lender in their right mind purchasing a discharged mortgage, even one that has just under $10k in equity?

Another question is about grace periods for payments.  Obviously there is no mention on the monthly statements about 'payments received after such and such date will incur a late fee', so does this mean I don't have a grace period?  I have been on time with all of my payments post discharge, but since the pandemic have came close to being a couple of weeks past due, but never 30 days.  I guess I'm asking if they can forclose and take my house if I am a couple weeks late, but LESS than 30 days after the payment due date?  Finances are getting better now, but this is something that isn't clear to me and it's kind of a scary time right now with the economy.  

Thanks for any information.

[shmacckk]

If your never signed a paper then you did not reaffirm the mortgage. I would hope you didnt as its beneficial for you if you ever need to walk from that house if something happens like a job loss and you can not pay. Look on your credit report. If the house says included in bankruptcy then your good. The house will not report to the credit bureas as it was discharged through bankruptcy so you do not own that debt. Will show as a zero balance. Banks will let you pay it as it better they recieve payments then foreclose as its cheaper for them. House will be yours if you keep paying on the loan till its payed off so theres that. 

If you ever missed a payment its never going to show up on your reports as well. Do not be more then three months behind or they can foreclose. I would never refinance it. Its a win for you to just keep paying the way you have.

[DebtStinks]

If a reaffirmation was NOT signed, filed, and approved by ALL parties (You, court, mortgage company) then you have ZERO liability for the debt. The downside to no legal obligation to the debt is lenders are MUCH more cautious when it comes to delinquency because they know they can't sue you, etc. I'd try my very best to not be a single day late and risk them starting foreclosure proceedings, ESPECIALLY if you have equity. The reason I speak about the equity is because if the lender knows this, they IMO are more likely to foreclose because the likelihood of them losing money is more slim and they can then move on to loaning that same money to someone who they can legally obligate to repayment.

Best of luck!

[angelofmusic86]

+1 to the previous responses, but from personal experience, I have not seem them start the foreclosure process even at ~60 late*.  YMMV based on lender, equity, etc.  

*Long story, but has to do with my ex.

[krielly]

Just want to clarify that any late mortgage payments after your BK are a bad idea.

Whether or not they appear on your credit reports, if you ever seek another mortgage, they will want evidence of on-time payments since your BK discharge.