2nd Mortgage included in Chapter 7 BK

[RW3]

Hi i have a question/concern:

I ran my Credit Report today and notice that my 2nd mortgage Loan was included in my BK filing back in February of 2009 when owned by Irwin Home Equity. It was sold to Green Tree during that time. So something is fishy here.

I need to know if i am liable for this debt or not. Did Irwin sell the debt before I was discharged, can they do that?

I am calling My BK lawyer to inquire, I have a feeling I may not be liable for any of this debt as my BK was discharged in June of 2009.

Any thoughts?

[car67]

Discharged

Your second is discharged unless you clearly signed a reaffirmation agreement with the mortgage company....

[RW3]

I'll look through my filing papers and see.

[HHM]

You are not liable "personally" for the debt, the 2nd mortgage holder still has their security interest in the real estate. So, if at some time in the future, they want to foreclose, they can.

[hereforinfo]

Even though the loan was discharged, the lien still remains. They have the right to foreclose if you don't pay (even though they most likely won't). You can never sell the house or have clear title without paying off the loan.