QUESTION

What can we do about the second mortgage?

Asked on May 18th, 2012 on Bankruptcy - Florida
More details to this question:
Our mortgage was discharged for our home along with the home equity line we had behind it. We are seeing if they will do a Deed in Lieu; however, what about the 2nd?
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12 ANSWERS

Bankruptcy Attorney serving Kalamazoo, MI at Debt Relief Law Center
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The 2nd would be Discharged in your Chapter 7, nothing owed by you on it.
Answered on Jun 07th, 2012 at 2:32 PM

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Securities Attorney serving Rochester, MI at Olson Law Firm
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It is not clear what your situation may be. For example, if the mortgage and equity line were discharged in bankruptcy, then there is nothing more you need to do. The second mortgage holder became an unsecured creditor and was entitled to the same treatment as all other unsecured creditors.
Answered on Jun 05th, 2012 at 5:16 PM

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Bankruptcy Chapter 7 Attorney serving Los Angeles, CA at Bereliani Law Firm, PC
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Although, in some circumstances the 2nd mortgage/lienholder needs to agree to a shortsale or deed in lieu, if you are left with a deficiency balance after bankruptcy, then you are not liable for the deficiency balance because of the bankruptcy. They can still send you money and let you know what the deficiency amount is, but they cannot collect from you. If they try you can sue them for violation of the bankruptcy discharge order.
Answered on Jun 02nd, 2012 at 12:12 PM

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Business Bankruptcy Attorney serving Raleigh, NC at J.M. Cook, P.A.
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If I understand correctly, you are trying to do a deed in lieu to the first mortgage holder. This will not work and won't be accepted by the bank. In a foreclosure, the first could avoid the second lien. A deed in lieu would simply put them in the same position as you and the second lien would still attach.
Answered on May 30th, 2012 at 4:05 AM

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Commercial Bankruptcy Attorney serving Davie, FL at Law Office of Jeffrey Solomon
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If you obtained your discharge in the chapter 7, you also obtained a discharge of the debt on the second mortgage (as long as you did not sign a reaffirmation agreement).
Answered on May 29th, 2012 at 5:38 PM

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That depends in large part about what you are doing about the first mortgage. If your house has been lost or will be lost to the foreclosure of the first mortgage, then there are two possibilities. The distinction is subtle but it is really important. If the second mortgage was money you originally used to buy the house (like one of those 80/20 loans that were so popular just before the bottom fell out of the world), then your loan is a "purchase money second mortgage". If the first mortgage forecloses they get the house but only the house and you owe nothing more. The purchase money second mortgage just goes away and you owe nothing to them. If the loan servicer was changed, but you did not refinance, it is still a purchase money second mortgage. If the original second mortgage sold the loan to another bank, but you did nothing to initiate the sale, it is still a purchase money second mortgage. If the second mortgage was a refiance, or a Home Equity Line of Credit (HELOC) or anything else that is not a purchase money second mortgage then you will be liable for the obligation once the first mortgage foreclosure is complete. To avoid that liability, you will need to file a bankruptcy. I suggest you rethink your deed in lieu idea. It is very beneficial to the mortgage company but so far as I can tell, there is little benefit to the homeowner. Unless you have already moved out or must move out to accept new employment or some other important reason, stay put, live in the house until it forecloses and take the money you would have paid in mortgage payments and bank it.
Answered on May 29th, 2012 at 1:52 PM

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Bankruptcy Law Attorney serving Austin, TX at Law Office of Susan G. Taylor
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The 2nd mortgagee can sue you for a deficiency, & you aren't free to do a deed in lieu because you can't convey clear title.
Answered on May 29th, 2012 at 12:49 PM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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You misunderstand the discharge. Your legal obligation to pay the debts was discharged, but the secured lenders still have liens on their collateral (house or car) unless a court orders otherwise. You did not say whether you filed a chapter 7 or 13. If you filed a chapter 7 and want to surrender the house - then don't do a deed in lieu. Instead, just let the lender foreclose. Make sure that you do not sign a reaffirmation agreement with the second lender. Otherwise you are obligated to the pay the second mortgage. Most bankruptcy attorneys offer a free consultation. But, if you do not need information about bankruptcy then you may want to talk to an experienced bankruptcy and real estate attorney about your situation.
Answered on May 25th, 2012 at 8:06 PM

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Criminal Defense Attorney serving Summit, NJ at Stephen P. Dempsey Counselor at Law
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Your question is unclear. If you filed bankruptcy both debts are discharged, therefore there is no reason for you to provide a deed in lieu.
Answered on May 25th, 2012 at 7:24 PM

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You don't have to do anything for the second mortgage (equity loan) if you did not reaffirm the debt and the debt was already discharged by the court.
Answered on May 25th, 2012 at 5:46 PM

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Daniel James Wilson
Why bother doing a deed in lieu? It will not benefit your credit rating, the debt has already been discharged, 2nd has been discharged, why not live there until foreclosure sale? Deed in lieu only benefits realtor who gets commission.
Answered on May 25th, 2012 at 5:45 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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Of course you must have listed the second mortgage as one of your debts in the bankruptcy. It will be discharged also.
Answered on May 25th, 2012 at 5:44 PM

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