A chapter 7 bankruptcy can not remove the secured interest on mortgage hold on a home, even if the debt is discharged, the mortgage is still secured by the collateral of the home itself. So even if you see that your second mortgage has been discharged and removed from your credit report, the bank can still use that mortgage to foreclose on your property. If you're planning on keeping your home you will need to sign reaffirmation agreements for Both your first and second mortgage.
I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
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Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLC Attorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688 Cell: 508-801-6747 FAX: 877-475-8147
Answered on Nov 30th, 2012 at 1:12 PM