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Best strategy to pay off heloc lien

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    Best strategy to pay off heloc lien

    Just met with our attorney and he advised ch 7. We have our 1st mortgage with wells fargo for $144K and a HELOC for $113K with principal bank. Our attorney advised we reaffirm the first but not the second..... apparently in Az they can't come after you. Our house is worth about $200k - $210k. my question is.... can we buy out the lien from principal bank?

    #2
    I could be mistaken but since you have a HELOC with an outstanding balance they can and probably will come after you. Since you are filing a 7 that HELOC balance will be wiped out but the lein will stay. After discharge I would try and negotiate that HELOC down. Just rememeber that by reaffirming the first when/if you ever sell the house that the lein will need to be satisfied either by cash or proceeds from the sale.

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      #3
      Originally posted by Meatstick View Post
      Just rememeber that by reaffirming the first when/if you ever sell the house that the lein will need to be satisfied either by cash or proceeds from the sale.
      That 1st lien/mortgage will need to be satisfied "regardless" if you reaffirm or not if you plan to sell it in the future.
      Retained Lawyer: 04/2009 Filed: 09/2009 341 Meeting: 10/2009 Discharged: 12/2009 Asset: 05/2010 made asset Closed: 07/2013 after 47 long months

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