Legal Question in Bankruptcy in Connecticut

Discharges

My credit report shows that my mortgage was discharged through Chapter 7, even though I had agreed to continue to pay. Should I still pay my mortgage and why would the credit report state this ?


Asked on 11/23/04, 10:21 am

1 Answer from Attorneys

Joel M. Grafstein Grafstein & Arcaro, LLC

Re: Discharges

When the Court entered the discharge of your debts it discharged all of the unsecured debts and the promissory note which was secured (and is) secured by your home. Your personal liability to the bank has been discharged, but that doesn't mean that you should not make the mortgage payments. If you don't make the payments, the Bank has the right to start a foreclosure action. So, if you want to keep the house, you should keep making the payments on the mortgage.

As to the issue of the discharge on the credit report, the Bank is correct in indicating that the debt is discharged. You have the right to add information to your credit report and you should indicate that you are continuing to make your payments under the mortgage.

I hope that this is of assistance to you.

Joel Grafstein

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Answered on 11/23/04, 8:36 pm


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