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To: Bear_Slayer

The fact that they zeroed it on the books has nothing to do with the debtor’s obligations. It doesn’t necessarily relieve the debtor of all obligation; it may be merely a bookkeeping entry for the loan company or a regulatory requirement for proper reporting to stockholders/customers.

Rights under a contract (even a loan contract) are generally assignable, provided there is no language to the contrary in the document, or no statutory provision. Perhaps there is a statute limiting such rights in the case of residential mortgages, but I’ve never heard of one.

If the loan company is in bankruptcy, a creditor (or the bankruptcy trustee) might assume the company’s rights under the loan.


3 posted on 02/14/2008 7:55:13 AM PST by dinoparty
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To: dinoparty

It is not a trustee, but someone that claims to have purchased the loan.


7 posted on 02/14/2008 8:00:05 AM PST by Bear_Slayer (When liberty is outlawed only outlaws will have liberty.)
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