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Mortgage statement after discharge

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    Mortgage statement after discharge

    Hi,
    Ever since our discharge, every time I open a mortgage statement I see this message;

    "This statement is for informational purposes only and is being provided as a courtesy should you voluntarily decide to make your loan payments. This statement should not be construed as an attempt to collect a debt or a demand for payment contrary to any protections you may have received pursuant to your bankruptcy case.
    If you have received a discharge, and the loan was not reaffirmed in the bankruptcy case, we will only exercise our rights as against the property and we are not attempting any act to collect the discharged debt from you personally."

    We received our discharge in Feb. It was for CC debt only. Our house was not part of BK7 we filed. Since we had very little equity, we were able to exempt(?) it. Our lawyer told us that we don't have to reaffirm the mortgage in order to keep the house, so we didn't. We are current on the payments and so far Wellsfargo is letting me pay online still.

    I would really appreciate if someone could please explain to me what that message exactly means. Would it eventually go away?

    Thank you

    #2
    You are making payments to "pay and stay", as long as you pay then you can stay. Your debt to the mortgage company was wiped out in the chp 7, the exempt part was so that the trustee could not come in and sell it to pay your creditors. If you stop paying they can come in and foreclose but you would be able to stay there until the foreclosure is complete (or close to it) rent free and save up the money. At this point if you want to just walk away (like if you want to move to a cheaper place or cannot make the payments any longer) you are off the hook for the payments, That is why they provide the language on your statement about "if you volunteer to make your payments" because you have no obligation to do so. If you had reaffirmed the mortgage then you would have signed up for the debt all over again. Its still your house (your name is still on the deed) but they cannot legally ask you for any money at this point. That statement basically covers their butt legally.

    Comment


      #3
      Drazil is right on with the explanation. I too have Wells Fargo, did not reaffirm and get the same statement online. Actually, I have been getting the same since I filed and still have 7 days to discharge. I still pay online with WF too. You have no worries as long as you pay on time.

      Your statements will never change and I don't believe they will report your payments on your credit report. That is one disadvantage of not reaffirming but in my opinion worth it.
      Filed CH 7 4/15/11
      341 5/23/11
      DISCHARGED & CLOSED ON 7/27/11

      Comment


        #4
        Thank you all for straighten that out.
        It's been 5 months since we've received the discharge notice and the stress level has dropped dramatically, yet, nervousness still comes back here and there. So ,thank you.

        Comment

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