Q: Is it possible that a mortgage we thought was reaffirmed was actually discharged?
We filed chapter 7 in the summer of 2006 and reaffirmed our car loan and manufactured home loan. It has come to our attention that our mortgage was discharged in July of 2006 and has now fallen off of our credit report as of July 2013. (Shame on us for not keeping a closer eye!) We have been paying on our mortgage all this time! Are we still responsible for this payment if it is no longer reflecting as our debt?
A:
You need to contact your bankruptcy attorney before you do anything. Just because a debt does not appear on your credit does not mean you do not owe it.
If you reaffirmed the loan on your manufactured home loan, you are responsible for making the payments. It may be that the mortgage company has just stopped reporting for some reason. If you did not reaffirm the loan, the mortgage company still has their lien. If you do not make the payments they can foreclose. If your attorney is unavailable contact a local bankruptcy attorney and have them pull a copy of your bankruptcy documents. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.
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