Legal Question in Bankruptcy in Missouri

We recently discovered that there is no record in our credit report of mortgage payments made since we filed bankruptcy in 2003. We were told that we are renting property we purchased in 2000 and can walk away from this obligation at any time. Why are our payments not reported and can we stop paying our mortgage without penalty? If so, what would be the ramifications credit wise?


Asked on 9/10/09, 2:54 pm

1 Answer from Attorneys

Alicia Beeler Villines Alicia Beeler Villines (sole practitioner)

I'd have to look at the documents more closely to really answer this. Did you sign a reaffirmation agreement, and was it filed? What documents does the recorder of deeds office have on file? Who told you that you were "renting" the property. To whom have you been mailing the payments?

If you are truly in a month-to-month tenancy (and that's a big "if") the you should be able to give 30 days notice and walk away. This isn't exactly 30 days, it's at least 30 days prior to the next rent due date. If your rent is due on the 1st, you'll have to give notice before the end of September to be able to move by November 1st. The notice must be in writing, and I recomend certified mail, return receipt requested. Before I did this, however, I'd consult an attorney and bring all the documents to the appointment, including a copy of whatever the recorder of deeds office has. Some of the recorder's offices even have documents online, so you can at least preview them before you make the trip.

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Answered on 9/22/09, 1:02 am


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