QUESTION

Should I continue paying for my second mortgage?

Asked on Jul 30th, 2014 on Bankruptcy - Michigan
More details to this question:
So, I filed for bankruptcy in 2005, but my first mortgage did not reaffirm. However, my 2nd mortgage did reaffirm. In 2012, my mother passed away and I inherited her house. I have a few questions though. 1) Can they come after my house now to pay for the home they are foreclosing on? 2) What should I do about the second mortgage? I've been paying that because it's on my credit report and it did reaffirm. Am I still responsible for it since they are taking the house? 3) Will a foreclosure go on my credit report? Thanks.
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6 ANSWERS

It is unlikely that the second mortgage company will receive funds after the first mortgage company forecloses. If you reaffirmed your debt to the second mortgage company, the second mortgage company will have the right to sue you to collect the balance of the second mortgage. Including placing a judgment lien on your real estate.
Answered on Aug 08th, 2014 at 9:23 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Why would you have signed the reaffirmation agreement with the second mortgage if the first mortgage lender didn't offer to allow you to reaffirm? What possible value would it be to you to pay on the second mortgage if you're going to lose the house in the foreclosure of the first mortgage. Why did the judge approve such an inane action. If you have a lawyer handle your bankruptcy, you should sue her/him for malpractice - if you didn't have a lawyer, then WHAT WERE YOU THINKING? Since you reaffirmed the second mortgage, you're still liable on it: the foreclosure will appear on your credit report, the second mortgage lender can come after the house you inherited, if it's not paid off in the foreclosure (and it would be almost impossible for the second mortgage to be paid off in the foreclosure where you haven't paid on the first mortgage since 2005, the interest, late payment penalties and costs of foreclosure will certainly be greater than the sales price of the house).
Answered on Aug 05th, 2014 at 6:44 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Since you reaffirmed the second mortgage, you are personally responsible for paying it. If you don't pay, the creditor has every right to foreclose or to sue you for the entire balance. Once a creditor obtains a court judgment against you, there is a wide range of actions it can take to collect the money you owe. The only thing that protects you are state laws called exemptions. If after suing you and obtaining a court judgment, whether the creditor can take and sell the property you inherited to pay for this judgment depends on whether you are living in the inherited house and how much it is worth. This is covered by those confusing state exemption laws. And of course a foreclosure on the second mortgage will show up on your credit report by reaffirming this mortgage you agreed to let this happen.
Answered on Aug 04th, 2014 at 11:55 AM

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Bankruptcy Attorney serving Las Vegas, NV
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If you are living in your inherited house you may claim it exempt and it is not subject to execution by creditors. However, your second mortgage company may sue and collect on a judgment if you default and can garnished your wages.
Answered on Aug 04th, 2014 at 11:55 AM

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There are a couple of issues here. First. the foreclosure will go on your credit report. As to the second mortgage, is it an SBA loan or other government backed mortgage? If so, you will probably be personally liable as you signed a personal guarantee as part of the loan process. If not, that gets into why Texas does not reaffirm mortgages. Under the constitution, you are not personally liable for a mortgage on your homestead. If your reaffirmation included a personal guarantee, you may have incurred liability at that time. While I hate to say it, your problem will require that you contact an attorney to review all of your documentation to determine your liability.
Answered on Aug 04th, 2014 at 10:19 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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The foreclosure will go on your record, you are liable for the second mortgage and after a judgment the reaffirmed second mortgage holder has full creditors rights which includes going for your equity in the inherited home. See an attorney with details and for advise.
Answered on Aug 04th, 2014 at 9:02 AM

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