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BBBOnLine Reliability Seal

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Re: Possible JBB Deal

Posted by Ward-CA- on September 10, 2003 at 7:00 PM

In Reply to: Possible JBB Deal posted by Dave on September 10, 2003 at 7:59 AM

: Ward,

: I’m contemplating buying a junior bene but not sure what the current outstanding balance is because of a bankruptcy. After talking with the beneficiary, looking at his files and researching pacer I think that only pre-petition arrears were paid through the now discharged chapt 13 BK. So, I believe all the original principal and post-petition interest (several years worth) are still owed. I can’t seem to find the BK repayment plan anywhere, only the proof of claim that was filed.

: Does this sound reasonable? I called the BK trustee but they don’t have any records since this has been discharged for a few years. I’d like to do the deal but it only makes sense if both interest and principal are still owed.

: Thanks in advance,
: Dave
-=-=-=-=-=-=-=-=-=-=

Dave,

I would have come to the same conclusion you have, if I were in your shoes.

Get an sworn AFFIDAVIT from the selling beneficiary that recites the same facts if you buy the note. Then you have something to hang your hat on if you're ever challenged by the trustor as to the amount owed.

Hope this helps.


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