Legal Question in Real Estate Law in Indiana

home ownership and bankruptcy

filed in 1999 chapter 7. thought we had reaffirmed on the house. after 9 years of paying on the house and paying taxes we found that somehow we had not reaffirmed. mortgage company was not reporting to the credit bureau payments made or not made. is there any way i can recoup any of my expenses or taxes since i was not obligated to but did.

Asked on 3/08/08, 12:32 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: home ownership and bankruptcy

Even though you did not reaffirm the mortgage, you still had title to the real estate (except for the lien to the mortgage company.) You have been living there, for the price of the mortgage and other expenses, for nine years, and if you ever pay off the balance of the mortgage, you will be the legal owner of the property. Had you failed to make the payments, or if you ever do fail to make the payments, then the mortgage company can foreclose on the home. So you will have a hard time proving you suffered any damages. Just make sure you are receiving credit on the loan balance for your mortgage payments. You can take the loan payment receipts to a new lender to show you have been making the payments. The reason your mortgage loan no longer shows on your credit report is that your enforceable liability on the note was discharged. But the mortgage was never satisfied, so if you want to keep the house you have to pay the mortgage. Good luck.

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Answered on 3/08/08, 3:26 pm

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