Legal Question in Real Estate Law in Ohio

Debt paid by mortgage comany?

What gives a mortgage company or VA the legal right to pay or request to be paid, a debt listed on my credit report without my approval or without them knowing the facts behind the debt? I believe it was requested by the VA as a closing condition that must be satisfied at the time of loan closing. The debt was turned over to a collection agency after I had filed bankrupcy. The collection agency listed it on my credit report. I had no current knowledge of the debt still owing within two years prior to my filing bankrupcy or it would have been included also. I believe the debt was incurred in Jun 1994, I filed bankrupcy in 1998 and the debt was paid in Jul 2002 by the Title Service Co, after I requested that they hold the check because I did not beleive it to still be a valid debt. I also beleive the statute of limitations had also been exceeded. I also beleive they paid the orginial debtor and I may still be obligated to the collection agency!


Asked on 8/27/02, 2:03 am

1 Answer from Attorneys

Gregg Manes Gregg A. Manes, Esq.

Re: Debt paid by mortgage comany?

Something does not sound right. The debt should have beed discharged at the bankruptcy. In order to obtain financing, the mortgage company might require that prior liens be satisfied, but you should been made aware of the problem. Contact a local attorney to get is straightened out.

Gregg Manes

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Answered on 8/30/02, 10:15 pm


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