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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2897
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Hello, My question is about Bank of America collecting payment

Customer Question


My question is about Bank of America collecting payment on a second mortgage that was included in a bankruptcy claim.

I filed bankruptcy middle of 2005. As per my second mortgage agreement, I have continued paying the second loan. However, I still see on my credit report that the second mortgage was included by the court as a discharge.

Is it possible that BofA took the write off and are collecting on a loan that should have been officially closed? Would that be fraud on their part? Could I somehow pressure them into releasing me from the obligation and return monies paid since the bankruptcy filing?

Thank you for your attention in this matter,

Gabe Draguicevich
San Diego, CA / Austin, TX
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 7 years ago.
If the debt was not reaffirmed in the bankruptcy case, the debt was technically discharged in the case,and the creditor cannot collect on the debt. The lien stays on the home however. So, if you make payments, that will go toward paying down the balance. They can accept voluntary payments, that is not a violation. The lien will stay until it is paid off, or the home is refinanced, sold, or goes thru foreclosure. Thanks, XXXXX XXXXX helps.