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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31680
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have been discharged from bankruptcy and as a result so was

Customer Question

I have been discharged from bankruptcy and as a result so was my mortgage. I have a letter from the servicer acknowledging the note has been discharged. I would like the security deed released from the trustee with a deed of reconveyance. Knowing that my loan has been securitized and the original lender was Countrywide, I have no idea who has the "real" security deed. How do I get this done.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 4 years ago.
Hi - my name is Kirk and I'm a Bankruptcy litigation attorney. Thanks for your question.

As you know, your obligation to repay the debt has been discharged through the bankruptcy - - which means that you are no longer obligated to pay the debt. HOWEVER, the debt still exists and the lender still has a lien against your property and can foreclose.

Thus, you can't get the trustee to release the deed of trust/security deed because the lender still has a right to collect the debt through selling the collateral (house) through foreclosure.

Thus, unless the lender decides to waive its right to foreclose, you can't force anything from the lender. It's not likely that the lender will do that and whoever the lien holder is will likely foreclose on the property.
Customer: replied 4 years ago.

I am not an expert, but I do know enough that when a loan has been securitized and the note and security deed have been seperated and/or my mortgage has been converted to stocks without my consent, there is fraud. I am looking for an attorney who can think outside the box, and not give legal fiction answers.

Expert:  Roger replied 4 years ago.
I must have misunderstood your question. I thought you wanted to know whether or not the lien was still enforceable or not.

I'll be glad to opt and let someone else continue with you. Sorry for any confusion.
Expert:  Roger replied 4 years ago.
Hi - the question is open to all other experts. Good luck.

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