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    received paperwork should I worry

    I received the following letter
    National City mortgage acknowledges that you are discharged of your debt in a chapter 7 bankruptcy and have not reaffirmed your obligations to pay under the terms of the original note you executed or assumed.
    Under the terms of your secured mortgage we are required to provide the enclosed notification. Therefore we disclaim and assume no liability under the conditions and terms of 11USC 524 concerning the discharge of your debt.

    The enclosed talks about how I can bring my mortgage current if not it will be foreclosed and I may be liable, and that this is an attempt to collect a debt.
    My question is do I need to worry as the wording they assume no responsibly concerning the discharge of the debt threw me for a loop?
    Chp 7 Filled 2-21-08
    341 Hearing 3-24-08

    #2
    Did you keep the house, or surrender it?
    You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

    Comment


      #3
      house was IIB did not reaffirm. Continued paying for 7 months on time and have decided to let it go. As I understand I have no obligation but curious why the letter says they have no responsibility.
      Chp 7 Filled 2-21-08
      341 Hearing 3-24-08

      Comment


        #4
        I did not see the part where the letter says they take no responsiblity.
        I did see where the bank does not assume any liablity for starting the foreclosure process with you per their loan documents. The paragraph the bank references (11 USC 524) regarding discharge of your debt reads (in part):

        Effect of discharge

        (a) A discharge in a case under this title--

        (1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;

        (2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived; and

        (3) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect or recover from, or offset against, property of the debtor of the kind specified in section 541(a)(2) of this title that is acquired after the commencement of the case, on account of any allowable community claim, except a community claim that is excepted from discharge under section 523, 1228(a)(1), or 1328(a)(1), or that would be so excepted, determined in accordance with the provisions of sections 523(c) and 523(d) of this title, in a case concerning the debtor's spouse commenced on the date of the filing of the petition in the case concerning the debtor, whether or not discharge of the debt based on such community claim is waived.



        So it looks like they just want to cover theirselves so you don't claim they are trying to collect on a debt that has already been discharged. Since you did not reaffirm and you have discharged this debt, you can now walk away.
        Filed CH 7 9/30/2008
        Discharged Jan 5, 2009! Closed Jan 18, 2009

        I am not an attorney. None of my advice is legal advice in any way..

        Comment


          #5
          I thought the same thing. In reading the code and researching i guess it also protects them from collecting on a debt discharged in BK since it follows the three criteria under section J. Just wanted to be sure taht I indeed had no liability since I did not reaffirm as my wife is freaking out thinking we will end up owing thousands.
          Chp 7 Filled 2-21-08
          341 Hearing 3-24-08

          Comment

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