Posted on: 06th Jul, 2010 04:57 am
filed ch.7 in 1999....2nd mortgage included...did not know it just relieved us of payments not the lien....did not hear anything from them for 10 years ....now they want it paid with all arrearages...original amount was $42,000...now they want almost $80,000...if we file ch.13 can we have it stripped? home appraised for $90,000...owe $94,000 on 1st mortgage
Hi sgreennova!
Welcome to forums!
When you filed Chapter 7, did you reaffirm the mortgages? If not, then you're personally liable for the mortgage dues. In that case, you could have surrendered the property and get rid of it. The lender would have foreclosed it and recovered his dues.
You should contact the lender and try to negotiate with him so that he reduces the balance amount and makes it affordable for you to pay off the loan. In case, the lender is not ready to negotiate with you, then you contact your bankruptcy attorney and check out whether or not you can file Chapter 13 in order to get the second loan stripped off.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
When you filed Chapter 7, did you reaffirm the mortgages? If not, then you're personally liable for the mortgage dues. In that case, you could have surrendered the property and get rid of it. The lender would have foreclosed it and recovered his dues.
You should contact the lender and try to negotiate with him so that he reduces the balance amount and makes it affordable for you to pay off the loan. In case, the lender is not ready to negotiate with you, then you contact your bankruptcy attorney and check out whether or not you can file Chapter 13 in order to get the second loan stripped off.
Feel free to ask if you've further queries.
Sussane