Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
A debt that is in dispute cannot be "contingent", which refers to a debt that has not yet been incurred.
"Unliquidated" refers to a debt for which the amount owed has not yet been figured out. It does not refer to debt that is in dispute, and it does not refer to liens that will be avoided.
In summary, for your mortgage, you would check "DISPUTED", and you would not check "UNLIQUIDATED" or "CONTINGENT".
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There would be no harm in checking all three - as checking any of the three (or all three) will not affect the discharge of the mortgage.
1) Your Bankruptcy can discharge your liability to pay the mortgage, but it cannot remove the lien. So the mortgage company can continue to enforce the lien.
If there are fraud issues involved, and if your goal is to have the mortgage rescinded, this is something that has to be done in civil court - the Bankruptcy court will not determine that your mortgage is fraudulent, they will only discharge your liability to pay the mortgage.
2) "Transferred" usually means the mortgage was sold to another company.
3) Yes - it is not unusual for a mortgage to be listed as "foreclosed" even if it has not yet foreclosed.
In Bankruptcy court, you can have a debt discharged - not determined to be void. You would have to have the debt determined to be void in civil court.
However, you have to be careful, because if you have the mortgage determined to be void, that means your house will have more equity. More equity means it can be more likely the house could be taken by the Bankruptcy court if you file a Bankruptcy.
What is the current market value of your home?
Is there only one mortgage on your home?
If not, what are the balances on each mortgage - including the fraudulent one?
After discharge, the only information on your credit report can be the Bankruptcy. If anything further is put on your credit report, the credit bureau must remove it if you bring it to their attention.
If the debt was included in your Bankruptcy, as you have said, then the creditors can indicate on your credit report the fact that the debt was included in a Bankruptcy, even if there was nothing from these creditors on your credit report before your Bankruptcy.
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