Discharged-Mortgage late-CU threatening to call the court!

[tazzy20176]

When I filed my petition, I put in my petition that I would retain the property. I still intend to do so even though I'm 100k in the hole, but I just got a call from my mortgage company on my 2nd and they stated that they were going to inform the court that I am not current on my mortgage. I never signed any reaffirmation papers on the 1st or 2nd, so if they were to notify the court that I'm 2 months behind on the 2nd, what can be done? I was discharged 03/11/09 and closed on 03/16/09.

I'm nervous, should I be?

[NoMoreRed]

I too would like some opinions on this.

[tazzy20176]

Anybody?

[keepmine]

Personally, I think you're OK. Don't worry about a phone drone.
All they can do is start foreclosure.

[AngelinaCatHub]

Personally, I think you're OK. Don't worry about a phone drone.
All they can do is start foreclosure.

[tazzy20176]

I plan to bring it up to date soon, however, I was hoping in some mysterious way, the 2nd mortgage would just go away. I guess that's wishful thinking, huh.

[Ugh07]

Yes

[TEW]

Sounds like a violation of the discharge order to me.
If those laons are discharged they can foreclose but they CAN NOT make an effort to collect that debt.
If the loan is discharged they have gone away.

[jessegirl]

Sounds like a violation of the discharge order to me.
If those laons are discharged they can foreclose but they CAN NOT make an effort to collect that debt.
If the loan is discharged they have gone away.

Can she go into a chapter 13 to strip the lein and then she would not owe anything and the lein would be gone right?

[monkatom]

[Minnymouth]

Since you did not sign reaffirm paperwork your debt is considered discharged by the court since your case is discharged and closed.
The lender can start foreclosure proceeding to get their property back since you are behind on payments now, even on the 2nd loan.

If you are still planning to keep the property you will have to get the payments caught up immediately or you will probably be notified of foreclosure proceedings.

And NOW they may require you to sign reaffirm agreements on both loans in order to stay in the property.

Officially the debt is discharged in bankruptcy, but now its you must pay or it will be foreclosed and your forced to move out.

It's "don't pay - don't stay"..................

[tazzy20176]

Yeah, I know I have to pay. I was just curious about them stating that they were notifying the bankruptcy court of me being behind on my payment. I didn't know if they could have my case reopened or not. Thanks for the input.

[dogbone33]

Just curious. If you are 100k in the hole with your house, why not walk away? I know it is hard to do, but bk is suppose to be a fresh start. 100k is a lot. We got a brand new house on land contract. We are moving next week! Good luck to you!

[chad9162]

If you're 100k in the hole do you really think the 2nd lender is going to foreclose. They'd have to pay the 1st lender off and based on negative equity they might no get much of anything. My house 1st is 314K and the 2nd is 46K but the house is valued at 240K so my 2nd would get nothing. They'd have to just wait it out...

[sadandconfus]

dog bone what is a land contract? did you do a ch7 and when was it discharged?