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I have been in BK for three years. I have been fighting a…

I have been in...

I have been in BK for three years. I have been fighting a foreclosure for 10 years. I have now been able to prove that the loan docs supplied to the Ct. are not the docs I signed. I am about to submit my taxes. I received a 1098 from the Creditor showing that it applied my payments made through the court to interest. I was going to take the interest deduction. However, when I looked on the NDC site, it shows the Trustee has applied the payments to principal. If I take the tax deduction can that serve as an admission that I agree that the docs are real -- which they absolutely are not.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Per above I have been in BK for 3 years - please see the question above.

Lawyer's Assistant: Where is the property located?

Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No thank you

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Answered in 4 minutes by:
3/15/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,393
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am sorry to read about your difficulties.

Your question:

I have been in BK for three years. I have been fighting a foreclosure for 10 years. I have now been able to prove that the loan docs supplied to the Ct. are not the docs I signed. I am about to submit my taxes. I received a 1098 from the Creditor showing that it applied my payments made through the court to interest. I was going to take the interest deduction. However, when I looked on the NDC site, it shows the Trustee has applied the payments to principal. If I take the tax deduction can that serve as an admission that I agree that the docs are real -- which they absolutely are not.

Response: No, it would not. If you made payments towards the loan, then you need to claim the interest on the payments as deductions. That would not impact your case. However, you need to inform the Trustee's office that the creditor is reporting the payments as interest and not payments towards the Principal so that the Trustee's office can reconcile its books.

Best wishes,

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Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 22,393
Experience: B.A.; M.B.A.; J.D.
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Customer reply replied 4 months ago
Thank you very much. That is very helpful.

You are quite Welcome! and thank you very much for the positive rating.

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