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I filedaChapter 7 and, we thought the second mtg had been discharged due to the fact we di not hear from the second mtg for five

years. The 2nd was sold to a company that buys bad debts and after five years that are trying to foreclosure. How can we stop this.

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Attorney answers (2)

Reputation Level 16
Your question as posted doesn't make sense. But the person to ask questions to is your lawyer, who will be familiar with your case and likely can handle this.

Reputation Level 9
Second mortgages are not discharged (in Georgia) without specific procedures to strip the lien from the property. If you merely filed a Chapter 7, it was not discharged, as secured debts are not discharged. You would need to speak with your lawyer who handled your Chapter 7 bankruptcy.

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