Legal Question in Bankruptcy in Florida
My (Florida investment property) mortgage was discharged by bankruptcy in February, 2009. The mortgage holder, Indymac, has yet to foreclose on the property and just informed me that they are force placing home and flood insurance on the property. Indymac has advised me that their records mention the loan is "active" and it is my responsbility to maintain property insurance until the loan is not in my name.
Please help me understand how a discharged mortgage can be considered "active". Is there any interpretation of the law that could make me liable for the cost of forced insurance?
1 Answer from Attorneys
You are not liable for any debt regarding the property. Your mortgage contract with them has been terminated by bankruptcy, including your obligation to pay "force-placed" insurance. The fact that they consider the mortgage "active" is irrelevant. In fact, they shouldn't even be contacting you.
To confirm all this, though, you should show all your paperwork to a bankruptcy lawyer.
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