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So Confused

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    So Confused

    Ok here is the short of things....

    Filed 8/15/05
    Discharged 11/17/05
    Closed 12/6/05

    However on the day it closed I have this from PHH Mortgage

    Order Mooting Motion For Relief From Stay Filed by Creditor XXX Mortgage Corporation(Related Doc # 8). Trustee has abandoned the property, and case has been discharged. The property is no longer property of the estate. No hearing will be held. Movant is responsible for giving notice to parties in interest as required by rule or statute.
    Ok so now I get a notice from the insurance company saying the insurance had lapped Oct 06. So I asked my old neighbors ... (I'm Military and moved from that area) if anyone was living there or if there was a sale etc and they said no. If the courts had said the property is no longer property of the estate am I still liable for the insurance? The mortgage company is still paying the property tax out of escrow...

    Just want to stay above the bar here and I can pay the insurance if I have to.

    I e-mailed my old lawyer to see what he says but haven't heard anything from him yet.

    The mortgage company had sent me paperwork in 1/06 saying they were starting the foreclosure process but I haven't heard from them since.

    The only reason I ask is my credit report shows the mortgage as part of the BK but my wifes is in the crapper it shows it in foreclosure and her being 180+ days overdue on a payment... When I retire from military she wants to go back to work full time and with that on her credit report it may affect her job choices. Also have 2 credit cards showing balances due on her.. Its weird how my report cleared up and hers didn't anyone else have that problem?

    Akhound

    #2
    your bk and your foreclosure are two seperate things. The BK releases you from oweing your mortgage, but does not cancel out ownership in the property. There is a very recent post on this subject. I can't go back right now and dig it up but look back and read it.
    Chapter 7 Pro Se....Discharged Feb. 2006

    Comment


      #3
      Basically, all that means is the bank can now move foward with foreclosre proceedings.

      Comment

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