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Can you modify a home loan that was included in bankruptcy?

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I have been searching the web and trying to get my second mortgage through Ditech modified after our bankruptcy but no one will talk to us. They say they can't because of the bankruptcy.
I am not understanding why. I am still in my home and trying to pay on one less salery. It is a whopping 11% on this second mortgage. What happens if we fall behind. What can they do to our home seeing as they are a secondary and the house isnt even worth the price of the original home loan? Can they kick us out or put a lien on the home until its paid? I am lost. I just want it modified so that I can pay it but no one seems to know what I am talking about or want to discuss it iwth me.
please help.

You can modify your loan as long as the mortgage company you are with will allow it.
Some companies do not have the experience in moding in bk.
I work for a company that will mod ch13 customers loans as long as they have permission from there attorney and can get a motion to incur debt approved with the courts.
I would contact your mortgage company and see if they can do this if you request permission from the courts.
If this doesnt work if you know that your home value is not enough to cover the 2nd lien then talk to your attorney about a cram down and lien strip of your second.

Sub: #11 posted on Thu, 06/25/2009 - 09:19

crestoration crestoration

(Posts: 17 | Credits: )

I've file chapter 13 three years ago, I'm on my last year now I have miss two payment with my second mortgage and now they are sending me to court for forecloser on my home can they do that. I paid one of the payment and they took the money the receptionist not suppose to take it but she did and we have receipt on that, but they want take the other payment now what is going to happen in court or what can they do or what can I do.

Sub: #12 posted on Thu, 07/02/2009 - 13:31


As long as they dont hold the first mortgage they would have to pay off your first mortgage in order to foreclose on your second mortgage.
they first have to get relief under a motion for relief then they would have to pay off the first lien unless it it is the same company that has both lien or lons an then sometimes they will pay there first off then foreclose.
If you first lien holder or loan holder is different from the second then i would contact your first lien holder to advise if they have the intent to foreclose

Sub: #13 posted on Fri, 07/03/2009 - 08:03

crestoration crestoration

(Posts: 17 | Credits: )

i filed chapter 13 5 years ago at the time i was 3 payments behind on my mortgage now i have received a discharge what happen to those 3 payments i was behind on

Sub: #14 posted on Sat, 07/04/2009 - 10:22


my mortgage is 3 months late. we bankrupted a few months back. I tried to make a payment they wouldnt accept . can we still modify our morgage.

Sub: #15 posted on Wed, 11/04/2009 - 05:17


You know what, if you find the IPS address of this person making a positive comment, you will find that it goes back to Marc Tow 's IP address.

Sub: #16 posted on Mon, 11/23/2009 - 05:19


I am on social security and have not paid on my 2nd for 6 months and chase has sent a letter of intent to foreclose. I am current on my first. I owe 187k on first and 54k on the second. My home was valued at 165k by, however the same house down the street just sold for $95K Can the 2nd foreclose? and doesnt the first have to be onboard. I did not reaffirm the 1st or 2nd. My ch7 discharge was in 2008. can I file a chapter 13 to wipe out the 2nd lien. In California

Sub: #17 posted on Fri, 02/12/2010 - 22:41


Your 2nd can foreclose, most likely they will not unless they are in 1st lien position. For example if you got your loans at the same time, whoever filed their lien 1st is in 1st lien position. But if you got your 2nd at a later time, they would be in 2nd lien position. Your first doesnt have to be onboard, they wouldnt care if your 2nd forecloses, as long as the 1st is 1st lien postion. I would contact your 2nd for any modification options they may have. They may or may not be able to modify with the unreaffirmed debt. I'm not sure about CA law, but would you filing a ch 13 really wipe out the 2nd? I thought with a 13 you would still have the debt, and have bankruptcy payments to go toward all of your debt and a bankruptcy trustee to delegate where the payments go.

Sub: #18 posted on Sat, 02/13/2010 - 13:17

loss mitigation loss mitigation

(Posts: 20 | Credits: )

I too used Marc Tow...we went to him for a loan modoification as well, but ended up filing a chapter 7 bk. He was very direct with my husband and I, he even met with us on a Saturday. We filed a chapter 7 adn got rid of all of our debt, and now the bank is trying to work with us to stay ion our home!

Sub: #19 posted on Thu, 12/23/2010 - 20:41


After a Chapter 7 bankruptcy, if you haven't reaffirmed the debts, you're not personally liable for paying off the dues. If you've reaffirmed the loan, then you'll have to make the payments on time to save the property. If you haven't signed the reaffirmation agreement, then you can surrender the property to the lender who can foreclose it in order to recover his dues.

Sub: #20 posted on Thu, 12/23/2010 - 21:28

Anna Sweeting Anna Sweeting

(Posts: 1827 | Credits: )

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