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Question
We have just finished a 5 year chapter 13.  We have 2 mortgages, one we have paid back the arrearages of 10,000(this is our first and big mortgage) the other one is for a second mortgage.  We where told it would be paid in full at the end of the 5 years.  Now we are told that it was listed incorrectly and that 19,000 of it was listed as unsecured and should have been listed as secure.  We have paid back 25,000 to this second mortgage company all through the plan, we haven't paid any other payments to them.  The mortgage company says we owe around 26,000.  I have the final report and it says closed, completed.  It still lists this mortgage company as having 19,000  in unsecured debt.  What can we do?  Do we have to pay this?  We filled in April of 02.  Thanks

Answer
Since it is a mortgage, and the creditor has a lien on your home, you need to pick up the payments where you left off.  You should contact the lender and they can assist you with this matter.  The balance was not discharged, since they have a lien on the home.  If it was listed correctly, your monthly payment would have been much higher.  You should be ok, but I would contact them to start the payments as soon as possible.

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Terry Leeders

Expertise

Handles Chapter 7 and Chapter 13 bankruptcy cases.
10 years of extensive bankruptcy experience. Filed over 3000 cases
Chicago Bankruptcy Lawyer website
"One On One Personal Service You Deserve"

Experience

I have been practicing bankruptcy law for 10 years. I have helped over 3000 consumer bankruptcy clients in that time.

Organizations
Chicago Bar Association Illinois Bar Association

Publications
author of Chicago Bankruptcy Blog
Chicago Chapter 13 Bankruptcy Blog
Illinois Bankruptcy Law Blog
Fresh Start Partners

Education/Credentials
University of Illinois Thomas M. Cooley Law School
Chicago Bankruptcy Lawyer website

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