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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Billed for a Mortgage Discharged in Bankruptcy

    A homeowner in New York went through a Chapter 13 bankruptcy, during which he surrendered his home. The mortgage was discharged. The man successfully completed his repayment plan and has an order of discharge from the bankruptcy court.

    Apparently, somewhere along the line, another company acquired the mortgage. That company is now hounding the man to pay the mortgage, and is reporting the debt on his credit report. What can he do?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Billed for a Mortgage Discharged in Bankruptcy

    If he has not done so, he can provide a copy of his order of discharge to see if that stops the contact. He can speak to his bankruptcy lawyer about bringing a motion in court to have the creditor held in contempt of court for violating the discharge. He likely also has a cause of action against the creditor under the Fair Credit Reporting Act, or similar state laws.

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