Posted on: 25th Sep, 2010 09:28 am
My husband and i filed a chapter 13 which we payed for 3 years and then we turned it into a chapter7 which was discharged in March 2010. We have a house with a mortage payment which we owe 154,000 we also have a 2nd mortage which we owe 39,000 while in chapter 13 we decieded to get divorced and put the house up for sale which was on the market for a year. i do not leave in the house my ex-husband does no mortage payment has been made since March 2010 i was paying the 2nd mortage up unitl about 2months ago , but my thoughts were if he wasnt making the 1st mortage why am i paying the 2nd mortage so i stopped.
Then we had a buyer on the house but it would have been a short sale
for 170,000 but i spoke to the realter lawyer who asked me why i would be doing a short sale since i filed chapter 7 and this was discharged which made no sense. So we did not go with the short sale no paper work was submitted . Now im getting calls from my 2nd mortage 4 times a day asing for payment. i dont know what is right and what is wrong do we forclouse and tell the 2nd mortage this , The 1st mortgage had really heard nothing from . also taxes and insurance were being taken out of the mortgage with not making any payments are we liable for them still if we forclouse.
Then we had a buyer on the house but it would have been a short sale
for 170,000 but i spoke to the realter lawyer who asked me why i would be doing a short sale since i filed chapter 7 and this was discharged which made no sense. So we did not go with the short sale no paper work was submitted . Now im getting calls from my 2nd mortage 4 times a day asing for payment. i dont know what is right and what is wrong do we forclouse and tell the 2nd mortage this , The 1st mortgage had really heard nothing from . also taxes and insurance were being taken out of the mortgage with not making any payments are we liable for them still if we forclouse.
welcome marsha,
if the second mortgage was included in the bankruptcy filing and if you got a discharge and did not reaffirm the mortgages, then you won't be liable for making the second mortgage payments. you should contact the second mortgage and inform them about your bankruptcy filing and discharge and ask them not to contact you. the second mortgage lender may sell off the property and recover as much dues as possible.
if the second mortgage was included in the bankruptcy filing and if you got a discharge and did not reaffirm the mortgages, then you won't be liable for making the second mortgage payments. you should contact the second mortgage and inform them about your bankruptcy filing and discharge and ask them not to contact you. the second mortgage lender may sell off the property and recover as much dues as possible.