grich63 Posted April 17, 2007 Report Share Posted April 17, 2007 This is a little convoluted, but I'll try to be clear.My DF divorced her ex in 1998. Since then we have tried to get her mortgage company to drop him. They wanted to refi 3 yrs ago, we said no. Last year they told us we were misinformed, we did'nt need to refi, but simply fill out the "Qualifying Assumption Kit". We chose not to pay the $600+ for the assumption, so we ignored it and continued making regular payments. It annoyed me that her ex was reaping the positive credit benefits, but c'est la vie.In Mar 07, we noticed that MTG co had been reporting positive (all 3), but only through Jan 2006. We called, they said they would update. Three weeks later, they updated and showed our mtg acct closed, with a zero bal, but good pmt hx. Then we got a letter stating tha acct had been 'DISCHARGED IN BK' in Jan 06, and was never reaffirmed, so bal reported to 3 was zero.So I checked the BK records. DF's ex did file Ch7 in Sep 05. Mtg was included on "Schedule F. CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS", and discharged along with the rest of his non-reaffirmed debt.Now the question: If mtg was discharged in DF's ex's BK, can they foreclose if we stop making payments? The divorce decree accompanied a SPECIAL WARRANTY DEED that clearly conveyed his right to prop. Link to comment Share on other sites More sharing options...
bingo Posted April 17, 2007 Report Share Posted April 17, 2007 If mtg was discharged in DF's ex's BK, can they foreclose if we stop making payments? The divorce decree accompanied a SPECIAL WARRANTY DEED that clearly conveyed his right to prop.Absolutely. Divorce decrees are not binding on your creditors. Link to comment Share on other sites More sharing options...
grich63 Posted April 17, 2007 Author Report Share Posted April 17, 2007 [quote name=grich63 Then we got a letter stating tha acct had been 'DISCHARGED IN BK' in Jan 06' date=' and was never reaffirmed, so bal reported to 3 was zero. Mtg co says acct was discharged and has a zero balance. If it has a zero balance, how can they foreclose? Link to comment Share on other sites More sharing options...
bingo Posted April 17, 2007 Report Share Posted April 17, 2007 The mortgage obligation was disxharged to the ex.If your DF was on the mortgage, the obligation to pay falls to her. The lender still owns a seurity interest in the mortgage and can foreclose to protect that interest. Link to comment Share on other sites More sharing options...
grich63 Posted April 18, 2007 Author Report Share Posted April 18, 2007 Both names were on the mtg. Mtg co says "Debt was discharged". If they only discharged his, then why do they indicate that the balance is zero on DF's cra's?If the debt truly is zero, then they have no recourse.If there is still a debt, how do we get the mtg co to report accurately in DF's cra's? Link to comment Share on other sites More sharing options...
bingo Posted April 18, 2007 Report Share Posted April 18, 2007 Got no idea about the CRA questions.Guarantee you that the only portion of the debt discharged is, the bk filers.You quit paying and see how fast they foreclose. Link to comment Share on other sites More sharing options...
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