Posted on: 10th Aug, 2009 02:49 am
I have heard that if the 2nd mortgage company did not file a deed of trust with the recorder's office I can have the loan dismissed in CH 7. I need to know if this is true, and if so, what RCW or Title 11 code I need to reference in my paperwork.
if the second mortgage company has not recorded the deed of trust, then you won't be able to include it in your bankruptcy filing. you will not be able to prove the validity of the loan. thus, you won't be able to discharge it. however, as far as i know, the lender will be able to claim the mortgage dues from you.
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