Very complicated 2nd mortgage & Chapter 7 issue....
Date: Sun, 11/04/2007 - 07:54
I had excellent credit before this, but have never been able to recover. Every time I got ahead financially a huge set-back would occur - expensive car/home repairs, job loss, periods of no child-support coming in.
Anyway...we had a 1st & 2nd mortgage. Neither debt was reaffirmed, but 1st was always willing to work w/me. I've been on countless repayment plans and am often on the brink of foreclosure. Yet somehow I always manage to work something out with 1st mortg.
2nd mortg is a different story. The loan was for 25k, and I stopped paying in 2003 due to job loss. Upon my contacting them to work something out they kept telling me that I did not own the debt - that it was discharged - and any payments I made were voluntary. Upon discussing this with Consumer credit counseling I was told they would not come after me because it was a discharged debt - but somehow this doesn't seem right to me.
I've checked my property records and know that 2nd mortg. has not yet placed a lein against my house....but could they and would they in the future? And how about the fact that the debt was only discharged in my name? Husband's name is still on the loan - but he hasn't been paying on it either.
Any idea of what 2nd mortgage companies do in situations like this??
I don't know about mortgages, but with credit card, if they char
I don't know about mortgages, but with credit card, if they charge it off, you still owe it, and they sell it or outsource it to a CA.
When I was trying to get out of debt, I contactd a cc that had charged a balance of mine off, but had not yet sent it to a CA.
They kept telling me that it was charged off and I didnt owe anymore, but I finally got someone that would let me pay off the balance in full.
Someone will come along with some info on this shortly..karen
This sounds like your second mortgage was not a priority secured
This sounds like your second mortgage was not a priority secured holder of your property and was completely discharged thru bankruptcy proceedings. If this debt was discharged it is no longer owed to anyone.Please contact a bankruptcy lawyer for advice on this.