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BK file/discharged.. Question about secured second mortgage?

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MyFico_704
Regular Contributor

BK file/discharged.. Question about secured second mortgage?

All,

 

So we proceeded with ch7 filing and it has been discharged.  Included were installment/revolving debts.    2nd/3rd mortgages were included and discharged.  We did NOT reaffirm anything, however we are still paying just for the 1st mtg and would like to keep paying. 

 

Even though we're not responsible for the 2nd/3rd mtg.. however there is still a lien on the home for 70k and I was told it will still acrue interest.  When we sell the home anything about the 1st mtg.. will go towards paying for the 2nd/3rd.  Is this correct?

 

Question - If we sell our home now.. is that the absolute best we to completely RID ourselves of the 2nd/3rd mtg lien that still remains?  If we sell at a loss (not covering the 1st mtg).. then would that wipe out the liens?

 

fyi - It's only been 3 months since our meeting with the trustee.  When is a good time to order a credit report?  I want to make sure the agencies have it reported correctly?  Case is NOT closed yet as there is still dividends to be distributed to creditors.

 

Would someone care to shed some light on this?

Message 1 of 3
2 REPLIES 2
scrubs
Regular Contributor

Re: BK file/discharged.. Question about secured second mortgage?

the lien is tied to the property not you. when you sell your house,  that when they will get paid with interest.

Message 2 of 3
MyFico_704
Regular Contributor

Re: BK file/discharged.. Question about secured second mortgage?

How does that work?  The 1st = 185k; 2nd=40k and 3rd = 30k...(255k).  Again the 1st I'm still paying and will continue to pay.  The 2nd/3rd.. are not being paid.  I understand the lien is tied to the house.. and we're not responsible for the mortgage.

 

However - suppose I can only sell the house for 210k...  185k pays for the 1st.. what about the 2nd/3rd..?  Am I then also responsible for all the accrued interest?

 

Thanks.

Message 3 of 3
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