Question about being sued

[ELBKnow]

Okay My 2nd mortgage is suing me. I wanted to wait to file until MArch to save up some cash. They said that they would potentially forget the law suit if I agreed to start making payments again.

If I agreed and made one or two and then filed, could I still include them in BK?

I am in Michigan

[lrprn]

Okay My 2nd mortgage is suing me.

Have you received an official notice of a lawsuit being filed that includes a (case?) (docket?) number and assigned court date? Or has your mortgage company been verbally threatening to sue you? There's a big difference between the actions you would take for the first vs. the second.

If I agreed and made one or two and then filed, could I still include them in BK?

Right now you have absolutely *no* guarantee that you could make an extra payment and your mortgage company won't *still* take you to court with the extra payment in their pocket to boot. Verbal agreements are not binding.

Keep in mind that creditors just want your money, and they are willing to hold out these kinds of "teasers" to desperate souls like yourself to get it. Consider telling them to send you the agreement in writing and you'll think about it. That might give you an extra month or so - it could even get you to filing

And yes, if you do decide to give your mortgage company an extra payment trying to buy time (and please don't do that until you are sure there is absolutely no other option and you have their agreement not to sue in writing), you can still include the mortgage when you file.

[sofarsogood2]

Don't give them any money if you can avoid it. This could just be an idle threat to get you to part with some cash. Ask for an offer in writing. Stall.

I'm not really sure about 2nds- aren't they subordinate to the first mortgage? If you are underwater (you didn't say) then the 2nd will gain nothing in a foreclosure suit. They already have a lein on the property. What would they gain by suing? Do you have assets? A steady job?

You can include it in your BK. Are you surrendering the home or keeping? If you are keeping, perhaps you could lien strip the 2nd. There are some "stickys" in the forum about that.

Best wishes