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Credit Report Question

Date: Thu, 05/25/2006 - 17:46

Submitted by oh2benc2
on Thu, 05/25/2006 - 17:46

Posts: 284 Credits: [Donate]

Total Replies: 5


I just got my credit reports from Experian and Equifax. I saw both had my mortgage company on the report and it says Discharged through Bankruptcy - Chapter 7/Never Late. I don't remember putting the mortgage company in the paperwork. The bankruptcy was discharged in may 2001. Does this mean I don't have to make mortgage payments anymore? I have been paying ever since 2001. Should I dispute this? I will look over my paperwork for the bankruptcy. I didn't think you could put mortgages on bankruptcy. Could someone define this for me? Thanks.


When a secured debt is filed for bankruptcy, there are two things to review. First, there is a personal obligation to pay the debt keeping the collateral insured with the mortgage company and the other is the security interest. The security interest is the most important factor based on which the company will take the property if it's not paid.

Personal obligation like your mortgage can be discharged in bankruptcy but the security interest cannot. This literally means that even though you have filed for bankruptcy for a secured debt, the creditor retains the rights to take away the property attached with it if it's not paid. If you think that the personal obligation is more painful than the worth of the collateral, bankruptcy helped in your case. For example, I have a car attached with my debt. I consider including that debt in bankruptcy and after some period of time, the attached car gets stolen or wrecked. Insurance will not pay off the amount for the stolen car. The creditor is at a loss.


lrhall41

Submitted by john on Thu, 05/25/2006 - 18:06

( Posts: 1231 | Credits: )