What to do if my bankruptcy was discharged and I kept my mortgage but now I found out in my credit report that my mortgage was discharged?

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What to do if my bankruptcy was discharged and I kept my mortgage but now I found out in my credit report that my mortgage was discharged?

The lawyer was suppose to reaffirmed the mortgage but i am not sure that he did; he won’t answer my calls or e-mails. I am confused. I feel as I am paying for a home that doesn’t belong to me anymore. I am afraid that I will have problem selling it. what happens if I miss a payment?

Asked on May 11, 2012 under Bankruptcy Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your mortgage, if included in your bankruptcy, will be discharged. You needed to either make a motion to lift the automatic stay on the mortgage loan collection and continue payments or after discharge speak with your lender/servicer about reaffirming the debt. Your credit is properly showing as discharged and you are legally not obligated to pay on the debt and then you will be served eviction papers. Approach your lender about reaffirmation and your lawyer would need to file a motion with the court to allow for reaffirmation of debt and your lender would have to agree to it.


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