QUESTION

I have a second mortgage on my house I file bankrupcy with the intent to keep my house do I still have to pay that second mortgage

Asked on Nov 30th, 2012 on Bankruptcy - Maryland
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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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. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.        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

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