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  1. #1
    Join Date
    Mar 2010
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    Default Chap. 7 in 2007, Question About Mortgage

    My question involves bankruptcy in the state of: Colorado

    We had a chapter 7 discharged in December of 07. We did not reaffirm any of our 3 (yes, 3 on one house!) mortgages, but we kept paying. We tried to refinance recently, and the house appraised at about 35k less than what we owe. (It's not a huge mortgage, so that's a lot to us.) We cannot refinance, but we discovered a balloon payment on our second mortgage coming up in a few years, which we will not be able to make. The first is adjustable, and it's about to adjust up. So we're looking at our options, and we've decided that it's pretty much either foreclosure now or foreclosure when the balloon payment is due.

    The first mortgage is through TCF bank. They're reporting a balance due on my credit report, although my second and third mortgages all say "included in chapter 7". I called TCF, and they say they have no record of my bankruptcy. I got out my discharge paperwork, and they are listed on my list of secured debtors, account number and all. I faxed this paperwork to them, but I'm worried that they somehow were not included in the bankruptcy. Is that possible? Or is it most likely an error on their part? What happens if they simply don't acknowledge my bankruptcy? Would I need to go back to my BK attorney to help sort it out?

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

    Default Re: Chap. 7 in 2007, Question About Mortgage

    The court records from your bankruptcy will establish whether or not notice was mailed to your primary mortgage lender. I expect that they'll accept documentation of that fact.

    It sounds like your first mortgage lender remains fully secured, so the issue of the bankruptcy may not be that big of a deal to them.

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