If you can work out an arrangement with the 2nd mortgage company you're able to negotiate any type of deal you want, your prior bankruptcy has no affect on that. The reaffirmation agreements only mean that you are liable on the loans if the home was to be foreclosed. Even though you did not sign a reaffirmation agreement, you still owe the full $50,000.00 on the 2nd mortgage but they cannot try and collect any deficiency against you if the home went to foreclosure. Typically a lender will not negotiate a short sale-where they agree for you to sell the house for less than what is owed on the mortgages-and allow you to keep a large portion of the proceeds. Because you did not sign a reaffirmation agreement on the 2nd mortgage, If you let the house go into foreclosure you will never owe the 2nd mortgage another penny. Depending on which state you live, the same could be true of the first mortgage as well.
Answered on Mar 13th, 2014 at 3:24 PM