chapter 7 bankruptcy - NO OBLIGATION ON MORTGAGE

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PostPosted: Sat Oct 31, 2009 9:30 am    Post subject: chapter 7 bankruptcy - NO OBLIGATION ON MORTGAGE

Hello,

I have filed Chapter 7 Bankruptcy, I have not Reaffirmed the Mortgage. The Mortgage company stated that i am under no obligation to pay. I have volunteered to continue to pay to stay in the home. I am not reconsidering my position as the loan was predatory and broke so many consumer protection codes. If I hold the deed and the mortgage company states that I am under no obligation to pay the note, and it is the note that must be unpaid in order for a bank to begin forclosure proceedings then do they have the ability or right to forclose.

If they own a note under which there is no obligation as decided by a bankruptcy judge then can they forclose, ever?

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raymond
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Joined: 03 Jul 2009

Posts: 315
Location: Irvine, CA
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PostPosted: Sat Oct 31, 2009 9:59 am    Post subject:

>>and the mortgage company states that I am under no obligation to pay the note

That doesn't make sense. There must be a misunderstanding. A mortgage company isn't going to tell a borrower they aren't obligated to pay their Note.

>>If they own a note under which there is no obligation as decided by a bankruptcy judge then can they forclose, ever?

Yes. A Bankruptcy Judge doesn't have the attority to tell a Lender the Borrower isn't obligated to pay their Note. Unless you're in a chapter 13 - in that case the Judge can modify the mortgage terms while you're in the bankruptcy, but once you've completed the chapter 13 program, the terms of the original Note are back and they can foreclose if you don't adhere to the Note.

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Raymond
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