Legal Question in Bankruptcy in New Mexico

Discharge of mortgage in bankruptcy

In January 2005 my bankruptcy was discharged. At the time I had a mortgage. I tried many times to come to agreement with the lender but they were unwilling to talk. I offered to surrender the property and never got a response. I surrendered the property and moved out. They now are telling me that they kept the loan open and I owe them money. They want me to sell the property. Why and how could I sell property which is not mine? (It was dishcarged in the bankruptcy and I did not re-affirm the loan.) PS. This lender is one of the biggest predatory lenders in the country and their practices are part of the cause of my bankruptcy.


Asked on 4/12/06, 11:19 pm

1 Answer from Attorneys
Jeffrey Goldberg Goldberg Law Firm

Re: Discharge of mortgage in bankruptcy

When a debtor receives a discharge and does not reaffirm the debt, he or she is not personally liable on any debt owing as of the date of filing, including the mortgage (although the lender could foreclose on the mortgage). Any attempt by them to collect the debt is a violation of the discharge order and a debtor could seek relief and damages in the bankruptcy court.

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Answered on 4/13/06, 12:22 pm


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