Feb
26
2014

You might still owe on your mortgage after declaring bankruptcy

fuzzyhouse

 

Dear Experian,

I want to know if I still owe my mortgage company after filing Chapter 13 bankruptcy. When I filed I was in foreclosure, and they said I owed $72,000. I paid that amount in full. Now the company is saying I owe $59,000 more. Does this sound right? I have my discharge papers from the courts.

- ARB

 

Dear ARB,

Whether you still owe money to your mortgage company or not depends on how your bankruptcy was filed and if the mortgage was later reaffirmed.

When you file Chapter 13 bankruptcy, you agree to a debt repayment plan that usually takes five years to complete. Under the plan, your creditors are awarded a certain percentage of the total amount owed to them.

Depending on the circumstances, you may be able to reaffirm certain accounts, such as your mortgage or auto loan, and continue making regular payments on the account in exchange for keeping the house or vehicle. Once reaffirmed, the account is no longer a part of the bankruptcy and you must repay the debt in full. Your obligation does not end when the bankruptcy is discharged.

If you feel the account is being reported incorrectly, you can send a copy of your bankruptcy schedule “A” and the bankruptcy petition and discharge papers. Once we receive the documentation showing the mortgage was included in the bankruptcy and not reaffirmed, Experian should be able to update the account information accordingly.

Also consider contacting the mortgage company for more information about the amount they say you owe. For legal advice regarding your bankruptcy, you should contact your attorney.

Thanks for asking.

The “Ask Experian” team

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