Posted on: 16th Nov, 2010 05:47 pm
my bk atty requested that my mortgage be reaffirmed in chapter 7 bankruptcy. the lender never reaffirmed it. i'm currently going through a modification with the lender and have signed a commitment to modify as well as submitted the requested upfront funds. my question is: can the mortgage company still take the missed payments (debt that was discharged in bankruptcy) and apply these to the back end of the mortgage, thus coming up with a higher figure to modify? or can they only take the total balance still owed and modify that amount?
eg: current balance 126,000
missed payments: 10,000
commitment to modify: 136,000
since the commitment is so vague i am unable to tell if the lender has taken 10,000 and added that debt back on "or" if the new amount sounds typical of the 126,000 being refinanced.
i hope i'm clear :)
eg: current balance 126,000
missed payments: 10,000
commitment to modify: 136,000
since the commitment is so vague i am unable to tell if the lender has taken 10,000 and added that debt back on "or" if the new amount sounds typical of the 126,000 being refinanced.
i hope i'm clear :)
Hi Geana,
If you pay the dues to the lender, then he will accept it and apply it to your mortgage. However, as the debt has been discharged in your bankruptcy filing, then you're not liable for paying the dues to the lender.
If you pay the dues to the lender, then he will accept it and apply it to your mortgage. However, as the debt has been discharged in your bankruptcy filing, then you're not liable for paying the dues to the lender.