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The Mortgage Debt Is Still Owed After A Bankruptcy

Reblogger Debbie Walsh
Real Estate Agent with SHAHAR Management

This is a post written by George Souto of Mccue Mortgage.  Many times homeowners are under the impression that bankruptcy wipes the slate clean of mortgage debt - NOT SO.

Original content by George Souto NMLS #65149

One of the misconceptions Homeowners as well as even some Real Estate Professionals have is that if a Homeowner goes through bankruptcy, the mortgage is discharged along with all the Homeowner's other debts.  The reason why Homeowners who have gone through bankruptcy a believe this, is because of misinformation they receive from bad Bankruptcy Attorneys.  The truth is that even though the mortgage is listed on the bankruptcy, it is NOT included in the discharged debts.  This means The Mortgage Debt Is Still Owed After A Bankruptcy.

There are two main reasons why Homeowners believe their mortgage has been discharged in the bankruptcy along with their other debts.  I have already mentioned the first, misinformation from bad Bankruptcy Attorneys.  The second is because the mortgage stops being reported by the Lender after the bankruptcy, and is reported with a "0" balance on their Credit Report after the bankruptcy is discharged.  As a result of the mortgage showing up with a "0" balance on the Credit Report, the Homeowner believes the Attorney got everything discharged including the mortgage.  They further believe the reason why they are still making payments on the mortgage to the Lender, is so the Lender will continue to let them stay in the property.

What actually happens to the mortgage during a bankruptcy is this.  The mortgage has to be listed with all the other debts, however, it is not discharged as well as any government loans like student loans.  Unlike the other debts listed on the bankruptcy the Lender is only required to stop reporting the debt and requiring payment.  BUT the debt is not eliminated unless the Homeowner sells the property, refinances the property, OR the Lender forecloses on the Homeowner for lack of payment after the bankruptcy.  The Lender is prohibited by the court from reporting the debt, BUT the debt remains.

This can be confusing, and difficult to understand.  However, the confusion could be eliminated if the courts allowed the Lender to continue to report the mortgage after the discharge.  If the debts were allowed to be reported Homeowners would not have this false sense of security that they are no longer liable for the mortgage. 

Regardless of what a Homeowner is told at the time of a bankruptcy by their Attorney, The Mortgage Debt Is Still Owed After A Bankruptcy.   The full amount of the remaining mortgage balance is still owed until the Homeowner either sells the property, refinances the property, OR the Lender forecloses on the property.

 

 

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 Info about the author:

George Souto NMLS# 65149 is a Loan Originator who can assist you with all your #FHA, #CHFA, and #Conventional #mortgage needs in Connecticut. George resides in Middlesex County which includes #Middletown, #Middlefield, #Durham, #Cromwell, #Portland, #Higganum, #Haddam, #East Haddam, #Moodus, #Chester, #Deep River, and #Essex. George can be contacted at (860) 573-1308 or gsouto@mccuemortgage.com

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SHAHAR MANAGEMENT

 

Debbie Walsh, GRI, CNE, CHMS, REM | Office (845) 283-3036 |

website www.viewhudsonvalleyhome.com | search for homes

If you are Buying, Selling or Relocating to the Hudson Valley area and need help from a professional REALTOR®, I would be happy to assist you! Please visit my Hudson Valley website for property searches and to sign up for free listing alerts and other information.

 

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Nancy Laswick
United Real Estate - Phoenix, AZ
Your REALTOR® For The Valley Of The Sun

Debbie, this post really hit home as I have a new client who is in this very circumstance. In fact, her attorney told her to file bankruptcy before the house was foreclosed on to eliminate the debt. How do these people pass the bar exam?

Jul 22, 2014 07:45 AM
Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Great choice for  a re-blog. I consider George a wealth of experience and knowledge. I am constantly referring business to him.

Thank you for commenting on my post.

Jul 22, 2014 10:02 AM
Rebecca Gaujot, Realtor®
Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

Hi Debbie, good information for the consumers/home owners. Suggested.

Jul 22, 2014 10:58 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Debbie thank you for the re-blog, I hope the information proves useful to your readers.

Jul 22, 2014 11:07 AM
Debbie Walsh
SHAHAR Management - Middletown, NY
Hudson Valley NY Real Estate 845.283-3036

George - NP Always glad to with all of this helpful info!

Rebecca - Thanks but this is a reblog!

Joe - I do too!

Nancy - It is amazing how many people are falsely led to believe this is an easy way out.

Jul 23, 2014 12:21 AM