Mortgage question after discharge?

[chrissy92972]

We have two mortgages, both were not suppose to be included with our ch 7 filing meaning we are keeping the house and were suppose to continue paying. We were discharged back in Feb 2011. Over the past months we have been paying our first mortgage with Chase and the statements have changed in that they no longer mention the bankruptcy, however the 2nd mortgage with Bank Of America the statements still emntion BK and also say this is for information purposes etc, so I have been paying both mortgages. Today I decided to pull my credit report and now have no idea what to think.

I called our lawyer and he is on vacation until next week. The credit report says for the Chase one open and lists all of our payments, the Bank of America one says discharged in banruptcy. Also it does not list any recent payments. So should I stop paying this?

We owe about 90,000 on the first and 48,000 on the 2nd and out house is probably worth 130,00 if that.

Thanks!
Chrissy

[justbroke]

Please speak with your attorney to figure out if the debts were actually discharged. Don't stop paying unless you are taking the chance that the second will foreclose. Just because the debt is discharged, does not mean that the creditor/bank can't exercise their rights under non-bankruptcy law and foreclose.

[chrissy92972]

Thank you, we have been paying both since before we even filed, however, my main concern is are we throwing money away on something that we do not have to pay because it was supposedly discharged. I know we had this conversation with our attorney before the meeting with the trustee and he said we were not including the mortgages and we needed to keep paying. That is why I am confused about thecredit report saying dicharged and the monthly statements still saying this is not an attempt to collect blah blah blah.

Chrissy

[lrprn]

Credit reports are notoriously inaccurate. This could be a simple clerical error. As JB suggested, you really need to talk with your lawyer before doing anything you might regret later.

[chrissy92972]

But if we find out the credit report is correct does that mean we are not suppose to be paying that 2nd mortgage. I would say no because they can still try and foreclose.

[newbie2]

But if we find out the credit report is correct does that mean we are not suppose to be paying that 2nd mortgage. I would say no because they can still try and foreclose.

If you don't pay then they can foreclose. Up to you as to whether you want to risk that or not.