Legal Question in Bankruptcy in California
mortgage sale
I have a mortgage with company 1. The mortgage loan is being sold to company 2 on July 1st. I filed a BK in 1991 and it was discharged in 1992 because of financial liabilities due to my returning back to school. Company 2 will now have my mortgage loan and up to 1991 I was also paying on two credit cards with this company. Can company 2 come back and ask for the debt because I only paid on the BK for 1 year?
3 Answers from Attorneys
Re: mortgage sale
First of all, if you received a discharge in your bankruptcy case, then anyone who tries to collect on the debt can be sued for contempt of court. If you meant that your case was dismissed, instead of discharged, then you still owe the debt. Whether it is still collectable or not depends on whether it was reduced to judgment at some point, and whether that judgment has been renewed (assuming the time has run on it). It has nothing to do with your mortgage.
Re: mortgage sale
I'm not sure I understand your question--if the debt was "discharged" by the court, you are no longer responsible for it. If the case was "dismissed" without a discharge, the debt is still viable.
Even with a dismissal, though, a debt that old may be uncollectable because the statute of limitations time may have passed a while ago.
In any case, the cards should not be related to your mortgage--Company 2 assumes the loan under the same terms and conditions as Company 1, so they can't add additional requirements for you.
Re: mortgage sale
Assuming the two credit cards you refer to were included in your 1991 bankruptcy, those obligations would have been discharged absent a successful dischargeability complaint. They would not be collectable at this time by company two.