My husband and I filed Chapter 7, April 2009. Our 2nd mortgage was reaffirmed, but our 1st was not. We have never been late on a payment. We owe about $50,000 more than the house is worth. Now we are looking to move out-of-state and do not have the resources to pay-off the deficiency. What are our options and/or consequences to sell, renegotiate, refinance, or walk away from the home?
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Reaffirmed 2nd mortgage, not 1st - options?
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I don't believe there are options. You reaffirmed a second mortgage but not the first. I don't understand why anyone would do that, or why anyone's attorney would even sign the reaffirmation, let alone any judge (if you filed pro se). You have re-obligated yourself. You'd have to face the deficiency.Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
Status: (Auto) Discharged and Closed! 5/10
Visit My BKForum Blog: justbroke's Blog
Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
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Originally posted by HHM View PostFirst question: why did you reaffirm the 2nd mortgage in the first place?
Originally posted by justbroke View PostI don't believe there are options. You reaffirmed a second mortgage but not the first. I don't understand why anyone would do that, or why anyone's attorney would even sign the reaffirmation, let alone any judge (if you filed pro se). You have re-obligated yourself. You'd have to face the deficiency.Filed Chapter 7: 3-22-08
341 Meeting: 5-15-08 It went great!!!
Last day for objections: 7-14-08
Discharged and Closed: 7-21-08
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