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Not paying on 2nd Mortgage, no affirmation

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    Not paying on 2nd Mortgage, no affirmation

    In another thread, someone mentioned that it would be unlikely that a 2nd mortgage company (in my case, Ditech) would foreclose on a home when there is little equity in the house even for the 1st mortgage.

    So I have a question. If we were to file Chapter 7 and continue paying on the 1st mortgage, but did not pay on the 2nd mortgage (it was one of those 125% loans), wouldn't they then be likely to try to foreclose? Actually, they'd still not get anything out of the house anyway, at least at this point.

    So then the next question is, would they ever then seek foreclosure? I mean, at some point if we continued to pay on the 1st, we might build up equity that would make it worth their forclosure. Can the non-payment of that 2nd mortgage then show up on our credit report & score, or, as I've seen some posts here say, would it simply say "included in bankruptcy."

    I hope this post makes sense. I know I must be missing something here. Otherwise, wouldn't everyone stop paying on their 2nd mortgage after bankruptcy?

    Rick
    11/29/2007 - Filed Ch 7
    01/08/2008 - 341 Hearing
    03/12/2008 - Discharged
    03/21/2008 - Closed

    #2
    Basically what you are asking is, can you screw over the 2nd mortgage holder and still keep the house.

    If you file chapter 7, probably not. Generally speaking, the 2nd mortgage holder will foreclose in the BK scenario if you have stopped paying them and do not reaffirm. Reason being, if they are not going to get paid anyway, they can take the tax loss on the foreclosure as an offset to other income and clear their books of the account. Note, BK does not clear their books of the account because the lien is still valid, in order to clear the lien, they MUST foreclose.

    Comment


      #3
      Originally posted by HHM View Post
      Basically what you are asking is, can you screw over the 2nd mortgage holder and still keep the house.
      Well, I didn't want to put it quite that way. But you're right. I'm not saying I would have done that, though. But all these scenarios are running through my head these days. I just don't know what I'd do if I hadn't found this forum!!

      Makes perfect sense what you say about them needing to remove the lein from their books through foreclosure!

      Rick
      11/29/2007 - Filed Ch 7
      01/08/2008 - 341 Hearing
      03/12/2008 - Discharged
      03/21/2008 - Closed

      Comment


        #4
        FYI, I did not mean that in a judgmental way...but only to highlight, and summarize, the fact of what is really happening. Don't take offense by it.

        Comment


          #5
          HHM, no offense taken at all. I have appreciated every single one of your posts!!!

          Rick
          11/29/2007 - Filed Ch 7
          01/08/2008 - 341 Hearing
          03/12/2008 - Discharged
          03/21/2008 - Closed

          Comment

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