chapter 13 mortgage and my ex

[brcwolfe]

I file chapter 13 in 1999 and at the time had a mortgage with my ex. We were divorced at the time and the divorce decree had me being responsible for the mortgage. When I filed my lawyer told me to just file without having the home refinanced in my name and surrender the home. The mortgage was the main reason for the bk because I didn't want the home but it was the only way to get the divorce to go through so I thought at the time. Now I am ready to move on with my life and get remarried and want to buy a house with my fiancee. When I pulled my credit report the mortgage is still there and showing as being paid late within the last year. Upon calling the mortgage company to request that this be removed they told me that I am still responsible for the loan and they have every right to report it to the credit bureau. What they said was since the home did not get foreclosed on and someone has been paying it was like I never filed it in the bk. What options do I have at this point? They are telling my I should have my ex refi the house in her name only, but this would leave the account on my credit report for the next 7 years. I was under the impression that in filing the mortgage in the bk and not reaffirming the loan it would have to be removed from my name. Was the mortgage company in the right by just letting my ex take over the payments without letting me know? She was on the loan but we were divorced at the time. Does anyone have any experience with this or have any thoughts on how to correct this? My lawyer is telling me to just dispute it on my credit report but a friend in the mortgage industry is telling me that the mortgage company is right. How is it that my lawyer at the time did not know that this would be a problem?