Posted on: 26th Aug, 2011 01:05 pm
I had an 80/20 loan, my payments were almost 1500 a mth, and I had 35,000 in credit cards. I decided to file bankruptcy but did not include the mortgages because I wanted to keep the home. I worked with my mortgage company for a loan mod and they gave it to me on the 1st but not the second, so i continued to ask for a loan mod on the 2nd and 1 mth I would get a letter saying we are working on it and the next mth they would send one saying sorry we can't do a loan mod, this went on for a year. I have not made a payment on the 2nd in 2 1/2 yrs and have not recvd anything in about 6 mths. I called the mtg co today because they sold my 1st loan to Ocwen well when I asked about the 2nd they said it was charged off. Now what do i do? I filed bankruptcy 2 yrs ago does this protect me from collection coming after me and also what happens if I do a short sale. I feel like I'm in a huge mess....HELP!!! I live in AZ...Thank you!!!
hi ctrinidad,
your mortgages were not included in your bankruptcy filing. in such a situation, your bankruptcy filing won't protect you from any collection activity regarding the mortgage debt. you will have to negotiate with the collection agency and pay off the debt. if you don't do so, the property will be foreclosed by them to recover the debts. you can apply for a short sale with your first lender in order to get rid of the property. but you will also be liable to pay the second mortgage in full to the collection agency.
thanks
your mortgages were not included in your bankruptcy filing. in such a situation, your bankruptcy filing won't protect you from any collection activity regarding the mortgage debt. you will have to negotiate with the collection agency and pay off the debt. if you don't do so, the property will be foreclosed by them to recover the debts. you can apply for a short sale with your first lender in order to get rid of the property. but you will also be liable to pay the second mortgage in full to the collection agency.
thanks