Gee I thought I was done

[Bernie]

I am sure you can see my most recent thread where we are Discharged from our chapter 13. So today I called my 2nd mortgage company to see how long it takes for them to release the lien. She said the account is in audit now to see if all of the payments have been made. If they have not then they will contact the trustees office. NOW WHAT DOES THAT MEAN????? Wouldnt the trustee know what he is doing? If we have paid the total of our plan, doesnt that mean that all payments have been made? If we have received our Discharge papers, doesnt that make it final? ANY HELP WOULD BE GREATLY APPRECIATED.

[justbroke]

I don't understand what really happened with your 2nd. Did you do a lien strip? If so, you just need to wait for your case to close, and then you can hassle the mortgage company to file a Notice of Satisfaction with the County Recorder.

If this was a lien strip, most of those orders for lien stripping include a provision that it's not effective unless and until your case is discharged and closed. So, it's not an automatic thing to get the lien strip... and sometimes requires diligence on your part. I see that you are diligent and are already inquiring.

[Bernie]

We from the beginning filed to Avoid the Lien. This was granted and we filed the paperwork with the county records when we were told to do so. We have the actual paper work signed by the judge that the lien is to be wholly voided. We have our actual discharge papers from the judge saying our bankruptcy is discharged. In that documentation it states that any mortgage lien that was to be avoided should not try to collect payment. My main question was, what does the mortgage company mean when they say they have to audit their account to see if they received all the payments.

[justbroke]

We from the beginning filed to Avoid the Lien. This was granted and we filed the paperwork with the county records when we were told to do so. We have the actual paper work signed by the judge that the lien is to be wholly voided. We have our actual discharge papers from the judge saying our bankruptcy is discharged. In that documentation it states that any mortgage lien that was to be avoided should not try to collect payment. My main question was, what does the mortgage company mean when they say they have to audit their account to see if they received all the payments.

Delay tactic. They probably haven't seen the discharge paperwork. Call them and tell them that you'll send them (FAX) a copy of the discharge. Tell them that you expect them to file a Notice of Satisfaction with the County Recorder within 14 days.

What the person probably was confused about, was that they didn't know if you were "paying off" the 2nd (during your Chapter 13), and had to "audit"/"verify" the account before issuing the Notice of Satisfaction. Just tell them that the lien is void and discharged, and that you are sending them the paperwork via FAX and trust that they will record the Satisfaction of Lien post haste.