QUESTION

How can I avoid a second Trust Deed loan, after chapter 7, if there was no proof of claim filed by second holder?

Asked on Oct 31st, 2012 on Foreclosures - California
More details to this question:
1. The problem is, I filed Chapter 7, it was discharged and second lien holder Residential Capital did not filed a proof of claim until 09/03/10. I was discharged 09/01/10. The second lien holder is not coming after me for any payments. However, they are declining to sign the Modification subordination agreement for them to remain in second position. By them refusing to do so, loan modification will be cancelled and home could go back into foreclosure again. I was advised they would not sign unless I pay them a substantial amount of money, which I don't have. That is why I filed for bankruptcy in the first place. I feel the second Trust Deed is blackmailing me, using unethical business practice. The bank has taken our loan out of foreclosure for now. However, I was advised if Residential Capital doesn't sign agreement, our property would go in foreclosure again.(Clouded Title issues). I live in Southern California, our mortgage is underwater. We owe the bank $325,000.00, Second TD (Residential Capital),$65,000.00. Most recent comps reflect our property is only worth $249,625.00. There was neither equity for second T.D. holder nor the first. In other words, second loan, I believe charged off thru bankruptcy. However, second lien remains. Can you suggest my next course of action? Any advise given would be highly appreciated.
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4 ANSWERS

Family Law Attorney serving Provo, UT at Havens Law, LLC
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When you file for Chapter 7 bankruptcy the obligation to pay is discharged. However, liens on the property remain even after the discharge. The second lien holder is within its rights to not agree to the loan modification subordination agreement. You should call to consult with an attorney to discuss your options and the best course of action for you.
Answered on Nov 05th, 2012 at 10:00 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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It is unfortunate that you did not get competent legal advice before filing for bankruptcy. The lender has a secured lien on your home. The bankruptcy only discharged your obligation to pay the debt. It did not remove their lien or security interest in your home. Some junior lenders are agreeing to a workout on their debts, but you cannot make them work with you. You need to talk to a real estate and/or bankruptcy attorney in your state. Make sure you also talk to a tax expert. I wish I had better news for you.
Answered on Nov 02nd, 2012 at 1:36 AM

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Environmental Law Attorney serving Auburn, CA
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You may need to re-file as a ch. 13 BK to have the second lien stripped off. Find an experienced BK attorney in your area to represent you.
Answered on Nov 02nd, 2012 at 1:29 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You need to consult with a California Attorney immediately.
Answered on Nov 02nd, 2012 at 1:29 AM

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