Posted on: 16th Jan, 2011 01:07 pm
Our 2nd charged off jst as our 1st FINALLY gave us our mod. All is well concerning the 1st and have started new pymts while the 2nd has gone to a collection agency. We were wondering if eventually the CA would attempt to seek a judgement against us and have set money aside to file bankruptcy. Its been about 9mos. and so far just a few offers to settle for WAY more than we could possibly dream of! We did contact them initially to try and set up some type of pymt but of course they're looking for a lump sum payoff. The waiting and wondering is killing me so I decided to be proactive and consulted w/BK attorney who told me that chpt.7 is not an option because the lender (Wells Fargo) still holds the home as their security and will most likely foreclose eventually. We only owe $84k on first and home value is approx $140k now. This leaves us wondering why they didnt just foreclose in the first place??? Why is it now w/CA? Are they just hoping the CA will get something out of us and if not then they'll foreclose? If the charge off hasn't made it unsecured debt then why is the CA threatening wage garnishment? Is it best to just ride it out and see what they do and then respond???? Like I said the not knowing is whats killing us and everyone gives us different answers as to secure/unsecure... even BK attorneys!!!!!! I'm inclined to believe this one though as he said to me "are they trying to take your money?" (meaning the other atty's). Then said "am I trying to take your money? no I'm telling you chpt7 is not an option".
hi guest,
the second mortgage lender can charge off the account if he is not receiving the dues on time. charging off the loan account will make it an unsecured debt and you can get it discharged in your bankruptcy filing. if you file bankruptcy chapter 7 and want to save your property, then you'll have to reaffirm the first mortgage and pay off the dues on time.
the second mortgage lender can charge off the account if he is not receiving the dues on time. charging off the loan account will make it an unsecured debt and you can get it discharged in your bankruptcy filing. if you file bankruptcy chapter 7 and want to save your property, then you'll have to reaffirm the first mortgage and pay off the dues on time.