{"id":771,"date":"2015-06-10T17:27:21","date_gmt":"2015-06-10T17:27:21","guid":{"rendered":"https:\/\/mn-bankruptcy.com\/blog\/?p=771"},"modified":"2025-08-11T19:39:45","modified_gmt":"2025-08-11T19:39:45","slug":"whats-the-difference-between-a-debt-and-a-lien-in-chapter-7-bankruptcy","status":"publish","type":"post","link":"https:\/\/mn-bankruptcy.com\/blog\/whats-the-difference-between-a-debt-and-a-lien-in-chapter-7-bankruptcy\/","title":{"rendered":"What’s the Difference between a Debt and a Lien in Chapter 7 Bankruptcy?"},"content":{"rendered":"

I recently had a conversation with a person who had just received a discharge in a Chapter 7 bankruptcy. \u00a0He had also received what he thought was a very weird item from his mortgage company. The mortgage company had sent him a form for his signature which would give them permission to start sending monthly statements again even though the mortgage debt had been discharged. In the fine print on the back of the discharge there is a court order requiring all creditors – including the mortgage company – to make no attempt of any kind to collect the debt. \u00a0 This includes mortgages, even if the homeowners want to keep the house. \u00a0 But most homeowners who have mortgages want to continue paying the mortgage so they can keep their home. \u00a0Having a monthly mortgage statement helps a lot in keeping \u00a0track of that, but without permission to start sending statements again, the mortgage companies tend to be afraid to do so.<\/p>\n

The permission to restart monthly statements form DOES look a little weird. \u00a0It usually will start off by saying something like: “Well, we know you’ve been discharged in a bankruptcy and you don’t owe this personally anymore, so don’t take this as attempt to collect a debt. \u00a0We were just wondering if maybe, not that you actually owe this anymore, you might still like updates on the status of the mortgage, for information purposes only, in case you might still want to make some payments on a strictly voluntary basis – not that we would really want the money or anything like that.”<\/p>\n

This odd language is the result of there being two seemingly contradictory facts for a homeowner with a mortgage following a Chapter 7 bankruptcy discharge. \u00a0The first fact is that the personal obligation to pay the debt no longer exists. \u00a0The second fact is that the lender still has a mortgage lien on the house, and if you don’t pay the mortgage that lender will foreclose.<\/p>\n

In the phone conversation I felt a bit put on the spot. \u00a0I was asked repeatedly to explain if the debt has been discharged, how can there still be a lien on the house that carries with it a right to foreclose. \u00a0I tired to explain that a mortgage lien is actually a property right \u00a0– a form of partial ownership – which the lender has. \u00a0The bankruptcy discharge takes away the personal obligation to pay the debt, but it does nothing to the ownership interest. \u00a0The discharge only affects personal obligations, not property interests.<\/p>\n

So the bottom line is that when it comes to Chapter 7 bankruptcy, if you want to keep your house you better keep paying your mortgage or mortgages.<\/p>\n

This was confirmed within the past few days by a decision of the U.S. Supreme Court issued on June 1, 2015. \u00a0In the case of Bank of America v. Caulkett<\/span>, the court ruled that mortgage liens cannot be stripped off in a Chapter 7 Bankruptcy. \u00a0Under certain limited circumstances, the situation can be different in a Chapter 13 Bankruptcy. \u00a0More about that in my page about keeping your house<\/a>.<\/p>\n

This post is for general information purposes only and is not legal advice. \u00a0Interactions here do not create an attorney-client relationship. \u00a0Consult your own attorney concerning the details of your case. \u00a0I am a debt relief agency, helping people file for relief under the federal bankruptcy code.<\/p>\n","protected":false},"excerpt":{"rendered":"

I recently had a conversation with a person who had just received a discharge in a Chapter 7 bankruptcy. \u00a0He had also received what he thought was a very weird item from his mortgage company. The mortgage company had sent him a form for his signature which would give them permission to start sending monthly … <\/p>\n

Continue reading “What’s the Difference between a Debt and a Lien in Chapter 7 Bankruptcy?”<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[12,140,204,1],"tags":[127,146,205],"class_list":["post-771","post","type-post","status-publish","format-standard","hentry","category-chapter-7","category-lien-stripping","category-mortgages","category-uncategorized","tag-can-i-keep-my-house-after-bankruptcy","tag-minnesota-chapter-7-bankruptcy","tag-mortgages"],"yoast_head":"\nWhat's the Difference between a Debt and a Lien in Chapter 7 Bankruptcy? - Better Call Dave - Bankrupt MN Blog<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/mn-bankruptcy.com\/blog\/whats-the-difference-between-a-debt-and-a-lien-in-chapter-7-bankruptcy\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"What's the Difference between a Debt and a Lien in Chapter 7 Bankruptcy? - Better Call Dave - Bankrupt MN Blog\" \/>\n<meta property=\"og:description\" content=\"I recently had a conversation with a person who had just received a discharge in a Chapter 7 bankruptcy. \u00a0He had also received what he thought was a very weird item from his mortgage company. 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Sometimes that seems like a long time, and other days I feel as if I just started. These days my practice is devoted entirely to counseling folks concerning their financial problems and representing them in Chapter 7 and Chapter 13 bankruptcy. One thing I don't do is credit repair. When asked about matters concerning credit scores, I like to say \\\"I'm a very good source of unreliable information about that.\\\" What I mean is that I hear a lot about it from my clients who often report back to me how they are doing after their bankruptcy is completed, sometimes even years later; but having heard some stories from a few people doesn't qualify me to give any advice. I spend a lot of time with my clients. I want to be sure we get it right. There are civil and criminal penalties for concealing or providing incorrect information in a bankruptcy care, and my goal is to keep myself and my clients as far away from problems like that as possible. You can find me in MInnetonka near I-394 and Hopkins crossroad. It's ten or fifteen minutes from downtown Minneapolis. You can see parts of Plymouth, Minnesota, Golden Valley, Minnesota and St. Louis Park, Minnesota from the high ground in front of my building. 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Sometimes that seems like a long time, and other days I feel as if I just started. These days my practice is devoted entirely to counseling folks concerning their financial problems and representing them in Chapter 7 and Chapter 13 bankruptcy. One thing I don't do is credit repair. When asked about matters concerning credit scores, I like to say \"I'm a very good source of unreliable information about that.\" What I mean is that I hear a lot about it from my clients who often report back to me how they are doing after their bankruptcy is completed, sometimes even years later; but having heard some stories from a few people doesn't qualify me to give any advice. I spend a lot of time with my clients. I want to be sure we get it right. There are civil and criminal penalties for concealing or providing incorrect information in a bankruptcy care, and my goal is to keep myself and my clients as far away from problems like that as possible. You can find me in MInnetonka near I-394 and Hopkins crossroad. It's ten or fifteen minutes from downtown Minneapolis. You can see parts of Plymouth, Minnesota, Golden Valley, Minnesota and St. Louis Park, Minnesota from the high ground in front of my building. 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