I filed chpt 7 and 1st and 2nd mrtg were discharged and not reaffirmed! A couple of months ago I found out that the second mrtg with Citimortgage is not recorded at my county's registrar of titles, I have not pay them in about 2 years, now debt has been charged-off and with their recovery department which doesn't do any type of settlemnts also they have shown no interest at this time in foreclosing b/c it doesn't make any economic sense to do so and they aren't persuing any collections, garnismnt, judmnt etc.. either b/c debt has been discharged.
My questions are these:
1) Is Citimortgage able to record the mortgage now and foreclose after debt has been discharged? Or in doing so will be violation of discharged injunction?
2) Since mrtg is not recorded properly and they don't have a valid lien against my property, they have no choice but to file a judicial-foreclosure which will entail a judgement, and wouldn't that be consider a violation of the discharged injunction too?
3) Is citimortgage out of luck since debt has been discharged?
I have try so hard to find the anwers to this questions, it seems as if every lawyer has a different answer a different opinion on this matter. Some tell me to do NOTHING to let sleeping dogs lie. Please Help me. Second mrtg please just go AWAY!!
My questions are these:
1) Is Citimortgage able to record the mortgage now and foreclose after debt has been discharged? Or in doing so will be violation of discharged injunction?
2) Since mrtg is not recorded properly and they don't have a valid lien against my property, they have no choice but to file a judicial-foreclosure which will entail a judgement, and wouldn't that be consider a violation of the discharged injunction too?
3) Is citimortgage out of luck since debt has been discharged?
I have try so hard to find the anwers to this questions, it seems as if every lawyer has a different answer a different opinion on this matter. Some tell me to do NOTHING to let sleeping dogs lie. Please Help me. Second mrtg please just go AWAY!!