Second mortgage is marked "Voluntary Payments".

[COrnguy]

I'm not clear about a second mortgage that I had/have. Have no clue if its been wiped clean from my Chapter 13. Am 4.5 years done of my 5 year payment plan. Made my $700 per month payments for about 2/3 of the time, then finally gave up when money got tighter. Then the monthly bills quit coming from them altogether. Plus, when I was getting the monthly bills, across the top it stated boldly, "Voluntary Payment".

Did I pay them when I wasn't even supposed to? My lawyer wasn't clear and likely I just didn't understand. How do I find out if I'm still obligated to this debt after my 13 is done in August?

I actually think that I might have some equity in my place, but will be borderline. Am in Colorado and the Homestead amount is $65K, last I heard.

Just don't want any surprises. Was thinking maybe when I quit making these 2nd mtg. payments, they would start foreclosure proceedings.

Thanks for any guidance.

[catleg]

Chapter 13 won't discharge any secured debt like a 2nd mortgage unless you applied for a lien strip and the property was underwater on the 1st (no equity for 2nd).
Stating Voluntary payment just enables them to continue sending you bills without violating the automatic stay.
The homestead amount protects your equity against unsecured creditors collecting on a court judgment, it doesn't affect your liens from secured loans on the property.

[lrprn]

Catleg is correct. You really need to contact your lawyer to find out two things:

1. When you filed, what was the true market value of your home?

2. Was what you owed on the first mortgage when you filed more or less than the market value of your home at that time?

If your home's market value back when you filed was greater than what you owed on your first mortgage when you filed, then you cannot strip the second mortgage through Ch 13. Do you recall where your home's value was compared to what you owed on the first mortgage when you filed?

You need to do to clarify this situation with your lawyer as soon as possible. If your second mortgage can't be stripped, then since you've stopped paying your second mortgage that could still put your house at risk even if you finish your 13 successfully.