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    2nd mortgage claim ?

    Completed my 341 on 12/28/10 and checked PACER for the first time today. I noticed that Suntrust has filed a claim as a secured debt for a HELOC 2nd mortgage on a house that was foreclosed on in 2009. Do I need to worry about this? Wouldn't the HELOC not be unsecured since I no longer have the property? Thanks for any responses.

    #2
    Since you filed Chapter 7 do not worry about it. If you are an asset case and Suntrust fails to amend its claim, it simply will not share in any distribution made by the Trustee. Not your problem. . . it is Suntrust's.

    Des.

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      #3
      Hi lj,

      Like des says, not your problem, no worries for you. If Suntrust has a lien secured by the property, it stays secured in a Ch 7 BK. But the lien is against the property, not you. When you get the discharge, you do the happy dance!

      Happy New Year!

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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