Q: Can a lien acquired recently proceed with foreclosure on a discharged mortgage?
I'm facing foreclosure proceedings on a mortgage that was discharged in Chapter 7 bankruptcy fourteen years ago. The second mortgage debt was never reaffirmed, and there was no contact from the mortgagor or its successors for over ten years. The company currently filing the foreclosure complaint acquired the lien approximately three years ago and has not suffered any injury. They also failed to provide an accurate title history with their complaint. How can they proceed with this foreclosure?
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A: I answered this same question about a week ago from the same inquirer. Yes, they can foreclose because the lien was not discharged. The new creditor has in rem rights against the collateral backing up the original, even though now discharged, debt.
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