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I Filed Bankruptcy and Discharged My Mortgage But Bank of America Says They Have a Lien. – Arlene

“Dear Steve,

I filed in fla chapter7 no reafirmation on mortgage or equity .All zero and discharged in bankrupty is on my credit report .Bank of America mortgage office said i am not obligated to pay equity and stay as long as mortgage is paid.Equity office Bank of America said the lein stays in effect anyway.Is that true ? They are in my original documents of chapter 7 as unsecured but the lawyer never told me to reafirm .I want to refinace and want to know what is correct,

Thank you Great site,


Dear Arlene,

If you filed bankruptcy and included the mortgage but the bank did not take the house back then your responsibility to repay the mortgage may have been extinguished but the lien against the property still exists.

You now are the proud owner of a property you will have to find a way to refinance and satisfy the previous lien to get the house back in your name under one current mortgage.

If you have additional specific questions about your situation you should call your bankruptcy attorney for clarification.

Please post your responses and follow-up messages to me on this in the comments section below.

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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.
  • Screwed by BOA

    BoA sold my mortgage to a collection company. The company told me we just filed bankruptcy and our house is pending. If you want to keep it or not? I told them how is this possible if I NEVER HAVE been late in 14 years and ALWAYS paid on time. I called BOA and they said they don’t know how this happened? They could not help because we no longer have an account with them. So, know IDK. The collection comany Green Tree is rude and very unhelpful. What can I do??

    • Steve Rhode

      I would find a licensed real estate and banking attorney in your state and meet with them fr a consult to unwind this mess. Do that ASAP and report back.

      You can try to rectify this yourself but it sounds totally screwed up.

      The next thing I would do is go to and get a copy of all three of your credit reports to see how this is being reported. If it is being reported incorrectly then immediately follow

      Keep good documentation as you move through this situation.

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