Posted on: 02nd Nov, 2010 09:18 am
I got my Chapter 7 discharge over 3 years ago. I included my first and second mortgages and never reaffirmed either. I never missed a payment on either. I realize that I don't have any liability with them anymore, but to stay in the house, I need to keep paying or they can foreclose. We thought of just leaving long ago and letting them take the house, but I didn't want to uproot my family. We were able to afford both payments and the home value wasn't as underwater as it is now. Well, now, my wife is being let go from her company in Decemeber and has been assured a severance check of 25K. The house is worth 185K; first mortgage is 153K; 2nd is 66K. I can continue paying the first, but won't be able to pay the 2nd. We thought of offering the 2nd a settlement of the 25k. And then at least we are only dealing with one mortgage. I called GMAC three times already and got re-routed all over the place. Then finally a loan officer said that we cannot accept settlements on the account. (They accepted my payment each month, but they won't accept a settlement???) Does anyone know or does anyone have experiences dealing with post-BK negotiations and 2nd mortgages? We would like to stay where we are (kids, school, neighbors, safety, etc.) but if necessary we would instead take the 25K and move somewhere else. Does anybody have a courteous opinion? Many thanks if you do.
Hi Guest,
Lenders have their own rules and regulations. May be it is the policy of your second lender to not settle on the mortgages which were included in bankruptcy. Nevertheless, you should contact the lender again and try to negotiate with him so that he accepts your settlement so that you can get rid of the second mortgage.
Thanks
Lenders have their own rules and regulations. May be it is the policy of your second lender to not settle on the mortgages which were included in bankruptcy. Nevertheless, you should contact the lender again and try to negotiate with him so that he accepts your settlement so that you can get rid of the second mortgage.
Thanks