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If it was discharged, then you don't owe it anymore. However, you can't just assume that any particular debt was discharged by the bankruptcy, it has to be specifically listed.

In particular, you probably cannot keep your house AND get your second mortgage discharged.

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If you sold your home and did not sell for enough to pay the first and second mortgage what happens to the second mortgage lien?

Was the 2nd lien included in and discharged in your bankruptcy? If not, then that lien still encumbers the title to the property and is probably a debt you still owe.


What are the dangers of a second mortgage foreclosure?

The biggest problem with second mortgage foreclosures is that you can lose your home even if you are still current on your first mortgage. The second mortgage, if defaulted on supersedes you first mortgage.


If you foreclose on your home and proceeds are not enough to pay the first and second mortgage what happens to the second mortgage lien?

You still owe the money to the mortgage provider.


With a Ch.7 can you reaffirm your first mortgage but have your second mortgage dismissed?

NO. The second mortgage is still secured by the property. Therefore it has to be reaffirmed or paid according to the stipulations of the lender.


Can you reinstate a mortgage after it has been discharged in bankruptcy?

No, generally you cannot reinstate a mortgage after it has been discharged in bankruptcy. Once a mortgage is discharged (typically under Chapter 7), the borrower is no longer personally obligated to repay the loan. However, the lender, including Dream Home Mortgage, still retains a lien on the property, meaning foreclosure is possible if payments are not made. In some cases, you may be able to work with the lender, like Dream Home Mortgage, to reaffirm the mortgage during bankruptcy, but this usually must be done before the discharge. After discharge, reinstatement is not possible, though negotiating a new loan or modification with the lender could be an option. Consulting with a bankruptcy attorney is advised to explore alternatives.

Related Questions

If you sold your home and did not sell for enough to pay the first and second mortgage what happens to the second mortgage lien?

Was the 2nd lien included in and discharged in your bankruptcy? If not, then that lien still encumbers the title to the property and is probably a debt you still owe.


What are the dangers of a second mortgage foreclosure?

The biggest problem with second mortgage foreclosures is that you can lose your home even if you are still current on your first mortgage. The second mortgage, if defaulted on supersedes you first mortgage.


Will filing chapter 7 save a home?

No. You still have to pay the mortgage.


What happens if the second mortgage lender hasn't contacted you on a reaffirmation of a loan after a chapter 7?

Nothing happens, the lien still exists- and the 2nd lender can still foreclose if you stoip making payments. The bigger worry is why you would WANT to reaffirm a mortgage debt!


What happens to the second mortgage if the first mortgage is sold?

Nothing happens to it. It still remains in second place.


Can you file bankruptcy on your house after chapter 7 discharge?

Your mortgage should have been included in your chapter 7 discharge. If it was- then you are no longer liable for the mortgage, but the lender can still foreclose on the property. If the mortgage was not included- then why wasnt it included.


If you foreclose on your home and proceeds are not enough to pay the first and second mortgage what happens to the second mortgage lien?

You still owe the money to the mortgage provider.


With a Ch.7 can you reaffirm your first mortgage but have your second mortgage dismissed?

NO. The second mortgage is still secured by the property. Therefore it has to be reaffirmed or paid according to the stipulations of the lender.


Can you reinstate a mortgage after it has been discharged in bankruptcy?

No, generally you cannot reinstate a mortgage after it has been discharged in bankruptcy. Once a mortgage is discharged (typically under Chapter 7), the borrower is no longer personally obligated to repay the loan. However, the lender, including Dream Home Mortgage, still retains a lien on the property, meaning foreclosure is possible if payments are not made. In some cases, you may be able to work with the lender, like Dream Home Mortgage, to reaffirm the mortgage during bankruptcy, but this usually must be done before the discharge. After discharge, reinstatement is not possible, though negotiating a new loan or modification with the lender could be an option. Consulting with a bankruptcy attorney is advised to explore alternatives.


Husband-and-wife buy a house together the wife's name is not put on the deed until the second mortgage but the second mortgage is now paid off do we still share the deed of trust?

If a husband and wife buy a house together and the wife's name is not put on the deed until the second mortgage, yes, the deed is still shared after the second mortgage is paid off.


If you are paying child support can you still file chapter 13 on your other debts?

Yes, but child support is not discharged in bankruptcy.


Your credit report show your second mortgage being included in your bankruptcy you never re-affirmed the second mortgage do you still have to pay it?

Never get a second mortgage --- only if you want to keep your house. 2nd mortgagees can foreclose on you