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    Can this be done?

    I filed ch 13 without my husband...we are both on the 1st and 2nd mortgage...the 2nd mortgage was sold to Greentree which has things listed on my husband's credit report as $0 balance $0 due. My husband would like to settle with them. I cannot settle with them because I am in an active bk...but it is ok for my husband to work out a settlement with them even with me as a co-signer?

    Both mortgages are paid outside of the plan.

    #2
    Oh and on my credit report it says $0 balance $0 due....discharged in Bk
    But we are still paying and the monthly amounts are not being shown on the credit report.

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      #3
      Originally posted by cwife View Post
      I filed ch 13 without my husband...we are both on the 1st and 2nd mortgage...the 2nd mortgage was sold to Greentree which has things listed on my husband's credit report as $0 balance $0 due. My husband would like to settle with them. I cannot settle with them because I am in an active bk...but it is ok for my husband to work out a settlement with them even with me as a co-signer? Both mortgages are paid outside of the plan.
      Since you are listed as a co-signer on the 2nd mortgage, then your trustee has to be notified about your husband's wish to settle the second mortgage with the lender. Call your bk lawyer and find out if doing this is the best course to follow for your case and also so he/she can notify your trustee about your husband's plans.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Originally posted by cwife View Post
        Oh and on my credit report it says $0 balance $0 due....discharged in Bk. But we are still paying and the monthly amounts are not being shown on the credit report.
        Keep in mind that it is completely up to a lender whether they wish to report your payments to the three credit agencies or not. This is true whether you file bk or not.

        I hate to have to share this, but it is very common for secured lenders involved in a bk to refuse to notify the three credit agencies during the active Ch 13 about on-time payments. Even more frustrating, sadly many will refuse to notify the three credit agencies about on-time payments after Ch 13 discharge as well. You can send them a letter in writing requesting it, but if they refuse, there's not a thing you can do about it. Sorry
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

        Comment

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