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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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What is the status of my mortgage? do I legally have one?

Customer Question

what is the status of my mortgage? do I legally have one? and can a discharged loan be grandfathered in to a current mortgage program?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: GA.
JA: Has anything been filed or reported?
Customer: Yes and No. My attorney Grady Roberts. I learned later that he can not practice in Federal Court and now there is something call res-judicata be of papers he filed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No I lost my the first part of my typing...I assumed you got it?
Submitted: 7 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 7 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am sorry, but we are not able to access the information you are asking about as we do not have access to court cases. If you have some other question we would be glad to assist, but we cannot pull up your court case.
Customer: replied 7 months ago.

If a discharged mortgaged Note in 2008, be grandfathered in to a current mortgage modification using values of the discharged debt?

Expert:  Law Educator, Esq. replied 7 months ago.
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Thank you for your reply.

If the debt was actually discharged by the bank, then that means it was forgiven. If it was forgiven, it cannot be collected and should not be included in the modification. However, if the debt was only written off (which is a little different) then the mortgage company can incorporate it into the modification.

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