Boerne, TX Bankruptcy Law Firms & Lawyers

Hard to imagine how you managed to pay that much money if you did not want to continue paying and now you are concerned about it after so long. While the personal liability for the mortgage/deed of trust is discharged in bankruptcy, the debt is still collectable if the bank wants to sell the house in foreclosure and get whatever the sale proceeds are received because it is secured by a lien (a deed of trust or mortgage) and the lien is not affected by the bankruptcy. I would guess that the bank will now claim that you paid voluntarily which you are allowed to do after bankrutpcy. I doubt that you can get it back but your situation is so unusual that you need to consult with an attorney who can review the documents and get all the facts.

There is so much misinformation, most of it urban legend, about what a discharged debtor can and cannot do. There is nothing preventing you from borrowing, refinancing or doing anything else post-discharge. The impediment is the other side of the transaction. Banks often will not lend to those who have filed a Chapter 7 case, at least on terms that don't punish the former debtor for their "transgressions." Bankruptcy itself does not prevent you from refinancing for ten years. A bankruptcy stays on your credit for ten years and thus makes it harder to get a loan, refinance a loan or do anything else that involves checking your credit report. By the way, anyone who promises you to get your bankruptcy removed from your credit report in exchange for a fee is both a liar and a crook that should be avoided and reported to the authorities. Good luck and expect to pay a higher rate than what borrowers with good credit pay.