Q: What lawyer would I need if the bank who held the mortg is NOW asking for money discharged in bankruptcy ~ 7 yr ago
We are in our 7th year of a total bankruptcy charge off, which did included the mortgage on the house which we lived in.
I recently ran my credit report and saw where the mortgage company has recently placed a negative hit on my report for not paying "late payment" bills that they were trying to collect on just last year. My understanding is that they can not ask for payments after the first initial period of time AND can not negatively effect your credit score on a total Chap 7 after the total charge off. I have been rebuilding my credit, and wonder is this a case where I may be entitled to monetary compensation and a fix on my credit report.... My exwife has also been affected by this issue.
Which type of law expert should I seek?? THANK YOU!
A:
A mortgage is a secured debt that does not get discharged in bankruptcy. Was there an unsecured portion that was discharged and they are now trying to collect or are you referring to the secured amount? You should consult with a bankruptcy attorney first, to determine whether the debt they are attempting to collect was actually discharged or not.
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