Bankruptcy – Real Property – Mortgages – Prior Discharge – Standing (access required)

Even though the debtor’s promissory note was discharged in a prior bankruptcy, his mortgage remains enforceable, and the current servicer of the mortgage has standing to file a proof of claim to enforce the mortgage. Creditor Ditech Financial LLC’s secured claim is allowed in the amount of $173,580.30. In this Chapter 13 bankruptcy case, both parties allege ...

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South Carolina Lawyers Weekly

Bankruptcy – Real Property – Mortgages – Prior Discharge – Standing

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