Confusion on unreaffirmed HELOC action
Date: Thu, 07/07/2011 - 13:17
Last year I filed a CH7 BK, but I did not include my home. My home is in Nevada and it has a primary mortgage and a HELOC both from Wells Fargo that were done at the same time in order to purchase the home. During the CH7 process, Wells Fargo wanted me to reaffirm the HELOC debt. I did not do this by the deadline. Now, the CH7 has been discharged. I pay the primary mortgage faithfully, and have payed the HELOC also until 5 months ago. Now, the HELOC is in default and WF tells me I can not get the payments current and that the amount is now due in fukll (on the HELOC). The house is worth $200K and I owne $298K on the primary mortgage and $78K on the HELOC. I hired an attourney to negotiate a settlement for the HELOC 3 months ago, but WF ignores him. I don't want to lose this house! What can/should I do and what can/should I expect from WF in a worst case scenario?
Thanks!:confused:
Thanks!:confused:
As the bankruptcy filing has been discharged, you're not persona
As the bankruptcy filing has been discharged, you're not personally liable for the debts. But as you want to save the property, you will be liable for paying the mortgage. You will have to negotiate with the lender and try out for a settlement. If the lender is not ready to settle, then you'll either have to pay off the debt in full or lose the property.
