You are you viewing the Bankruptcy Forum as a guest (limited viewing).
Don't have a BKForum account yet?
Please REGISTER (it's FREE & takes 30 seconds) so you can post your own questions and see all the features available to registered users.
Congratulations, albacore. It was a long time coming.
Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.
Congratulations, albacore. It was a long time coming.
Yep. my journey started with denial in May 2008 when I withdrew $50K loan from my 401K to pay of some CC's. The denial continued over the summer, and I looked into Debt settlement for a month or so, finally in October 2008, I consulted my attorney, and the light bulb in my head went on, I found this forum, and I realized I needed to plan my BK. So I spent all of 2009 doing just that, planning, from stopping payments, to CA's, and finally attorneys for the credit cards, and filing just before I figured I would be sued. But damn it hurts to pay back that $800 a month on the 401K loan. It least it's going back to me.
Now the journey continues. setteling my $240K underwater 2nd with HSBC.
But at least i got monkey #1 off my back. The relief is exilariating
Way to go Albacore. I have been following your story closely since I found this site. I don't post often as I am researching before my attempt to file CH 7 with huge balance transfers and advances.......which made your story more interesting to me.
Albacore, Please keep us posted on the outcome of your trying to settle that second mortgage. I am going to plan to TRY and get our second mortgage to settle with us too. Always interested on how others are able to achieve what seems like the impossible with these banks. Congratulations to you on your discharge!!! Another success story is such wonderful news and gives me hope that I too will one day be able to achieve! Keep us posted!!!!
Congrats Albacore44, great news; however, I’m a little confused. If you filed Chapter 7 and you were found to be a no asset, wouldn’t the 2nd mortgage be discharged in the BK….Did I miss something?
Filed BK7 on 1/16/10:
341 on 3/16/10 (No Asset)
Discharged 5/17/10 (Fresh Start)
The personal liability to pay the 2nd mortgage is gone, the lien is not. "Settling" the 2nd means to ask the lender to take less than the full amount & strip the lien from the home.
Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011 I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.
Albacore, forgive our lazy hamsters. We've been out of town and when we are gone they hardly check the forum. I called them up gave them heck and told them to give you a double decker so, here you go:
If I knew it all, would I be here??Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.
my 2nd mortgage, $175,000, was discharged in my BK...
potsie, newbie is correct on that. In a chapter 7 if you do not reaffirm the mortgage you are no longer liable for the debt but the lien remains! I'm confused on what you have said though. Are you no longer paying on your second? Did you file a chapter 13?
Correct. All my debts are discharged. I stopped paying the 2nd, after my 341. HSBC never even knew I filed, but they were listed on my petition. Now if I can just settle this thing. Homes are still being foreclosed on in my Tract. another 6 or so just became bank owned over the last 4 weeks.
Albacore, you stopped paying right after your 341? I thought it was advisable to wait until you are discharged to stop the payments? I actually called my second mortgage company to extend our temporary modification and was basically told that it was my first mortgage that was the problem not the second! I told her if I didn't pay on my first I would be ousted and she told me because my monthly obligation with the first is more than with the second then I need to go to them for help. Wow, needless to say she was an absolute b****!!! She had no idea at that time I was filing for bankruptcy. Just please keep us informed. I get so much great advice from all of you good people here and that means the world to me!
Comment