Posted on: 24th Mar, 2011 12:15 pm
a bit of history: my childhood home has 1st ($2,238 mo/$429k total) with everhome and 2nd ($568 mo/$90,400 total) with bofa. went through divorce in 2008 (he was suppose to split bills but didn't), thus i had to file chapter 7 bk in 2009-all was discharged may 2009. both loans were in both of our names and my divorce attorney had ex quitclaim the house back to being just in my name. the ex recently filed ch 7 and was discharged in december 2010. i did not sign reaffirmation paperwork for either of the mortgages, but had indicated on my bk paperwork that i intended to retain the home and both of the home loans. the 2nd mortgage at the time of my bk was actually with countrywide and they'd sent me paperwork that acknowledged that i still owed that amount after my bk was discharged. bofa started sending me statements within then 4-6 months later when they took my loan.
i have attempted loan modifications at least 3 times over last two years -all denied from both mortgage companys. everhome stated that "they couldn't reach a decision" on my modification thus it was just denied for whatever reason they wanted. the 2nd won't modify unless 1st does. both hud and other credit repair agencies say that the possible reason that the 1st won't modify is because my credit report indicates i have an additional $600 a month to live on and that is because bofa had listed my 2nd mortgage at credit reporting agencies as 0 balance chapter 7 discharge.
i haven't been able to pay my 2nd mortgage payment since october 2010 due to 3 grandkids moving in with me to avoid them being homeless. bofa sent me a fedex letter 2 weeks ago regarding a possible lien and foreclosure, at which time i saw my bk lawyer who attempted to call bofa three times and i also attempted to call them 3 times and sent 2 e-mails on their website as well-no response from bofa. finally found a different phone number to call and after being transferred to three different departments i finally made it to their bankruptcy department who'd told me it was listed as 0 balance because it is an "unstable" loan - i asked if that meant unsecured and was told by alva, "yes, but that they couldn't change it and stated that bofa wouldn't seek to put a lien on my home." i asked her what do we do at this point and was told that i should have my bankruptcy attorney talk with them (she'd given me a different phone #) and see what could be done, but at this point do i take her at her word that they won't put a lien on my home because so much is owed to the first and that there is nothing much else they could do other than send me more threating letters? i've left a voice message with my attorney, but if there will be costs involved i just can't do it so do i just "let it go" and not worry about the 2nd mortgage.
i have attempted loan modifications at least 3 times over last two years -all denied from both mortgage companys. everhome stated that "they couldn't reach a decision" on my modification thus it was just denied for whatever reason they wanted. the 2nd won't modify unless 1st does. both hud and other credit repair agencies say that the possible reason that the 1st won't modify is because my credit report indicates i have an additional $600 a month to live on and that is because bofa had listed my 2nd mortgage at credit reporting agencies as 0 balance chapter 7 discharge.
i haven't been able to pay my 2nd mortgage payment since october 2010 due to 3 grandkids moving in with me to avoid them being homeless. bofa sent me a fedex letter 2 weeks ago regarding a possible lien and foreclosure, at which time i saw my bk lawyer who attempted to call bofa three times and i also attempted to call them 3 times and sent 2 e-mails on their website as well-no response from bofa. finally found a different phone number to call and after being transferred to three different departments i finally made it to their bankruptcy department who'd told me it was listed as 0 balance because it is an "unstable" loan - i asked if that meant unsecured and was told by alva, "yes, but that they couldn't change it and stated that bofa wouldn't seek to put a lien on my home." i asked her what do we do at this point and was told that i should have my bankruptcy attorney talk with them (she'd given me a different phone #) and see what could be done, but at this point do i take her at her word that they won't put a lien on my home because so much is owed to the first and that there is nothing much else they could do other than send me more threating letters? i've left a voice message with my attorney, but if there will be costs involved i just can't do it so do i just "let it go" and not worry about the 2nd mortgage.
Hi lkwdlady,
I will suggest you to ask your bankruptcy attorney to have a word with them immediately. The lender has told you verbally that they won't place a lien on your property. Unless, the lender gives it in writing, I don't think it should be taken into consideration.
I will suggest you to ask your bankruptcy attorney to have a word with them immediately. The lender has told you verbally that they won't place a lien on your property. Unless, the lender gives it in writing, I don't think it should be taken into consideration.