Legal Question in Credit and Debt Law in Texas

Obligation to Pay Cobtract has been discharged

Have recieved a letter - Notice of Default and Right To Cure Default - for a mobile home where both of the owners (my parents) are now deceased. My sister is living in the mobile home and has fallen behind in making the payments. The intent has been for her to continue to live there, pay-off the trailer and when the title is clear then we will transfer the clear title to her. But back to the question, we recieved the letter as stated above, notifying us that we have 30 days from the postmark to to correct the default. If the default is not corrected then the balance of the pay-off will be come due with associated fees, interest, etc..

But in BOLD letters under this paragraph it reads, PLEASE NOTE THAT YOUR PERSONAL OBLIGATION TO PAY THE CONTRACT HAS BEEN DISCHARGED IN BANKRUPTCY AND THAT YOU ARE UNER NO OBLIGATION TO CURE THE DEFAULT.

Can you explain what this means to us (the estate of our deceased parents).

P.S. Green Tree Servicing LLC is the finance company involved.


Asked on 11/03/08, 10:55 am

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Obligation to Pay Cobtract has been discharged

Apparently your parents went thru bankruptcy...so the contract was voided..call their bankruptcy lawyer if you know who it was

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Answered on 11/03/08, 12:15 pm


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