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Bankruptcy, my mortgage got put on in error

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Lorhel

Junior Member
What is the name of your state? Indiana

I am divorced. My ex has allowed me to keep his name on the main mortgage (we also have a second- was a revolving line of credit). I specifically did not want my first mortgage on the bankruptcy, it had nothing to do with my house at all. But now, all my statements say "for informational purposes only" and if I call, they state some wording before they can talk to me.

I assume this means the mortgage did go on the bankruptcy. I have been living in and plan to continue indefinitely in my home. My question is, now that the both mortgages have been "on the bankruptcy" (we continue to pay monthly, we never missed a payment, there is no issue there) what does that mean legally for me?

Thanks for any help you can provide.
 


bigun

Senior Member
). I specifically did not want my first mortgage on the bankruptcy,

You have no choice-all creditors must be listed.
As long as you're current, nothing will happen. You may live in a district that requires a formal reaffirmation agreement. Your lawyer will advise.
 

chris7

Member
If both your names are on the first mortgage then it had to be included in the BK. All debts must be included. However, if his name is on the mortgage alone then your right, it should not have been included. If your payments are current you are in no danger of losing your home. Depending on how your state does things you may be able to just keep making payments and keep the home without reaffirming it. The drawback is that your payments will not be reported on your credit reports and the bank does not have to send you statements and you have to hear "the speech" everytime you contact them.
 

Lorhel

Junior Member
Okay thanks to you both. I appreciate it. Both of our names are on the first and second mortgages. I am just mad that I wasted $100 (my attorney benefited) specifically to keep it off there.

That was why I was confused. I was told for $100 (per creditor) I had to pay that for my atty to send a letter to them making sure that particular debt was not placed on the the bankruptcy list.
 

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