Credit Card/Mortgage Question

[hoan79]

My husband and I are considering filing Chapter 7. One thing that concerns me is that our largest credit card is owned by the same company that bought our Mortgage. We want to keep our house. Could this be a problem?

[LadyInTheRed]

I don't know for sure, but I have some thoughts.

Cross collateralization is usually an issue with credit cards and car loans. I haven't heard of cross collateralization of mortgages, but that doesn't mean it doesn't exist.

Cross Collateralization is most common with credit unions. National banks (Bank of America, Wells Fargo and others that are regulated by the US Treasury) are not allowed to have cross collateralization provisions in their credit card agreements. To find out if the lender is a national bank, look them up at http://www.occ.gov/topics/licensing/...ank-lists.html

If your mortgage and the credit card were by different lenders and then your credit card company bought your mortgage, I highly doubt that the credit card debt suddenly gets secured by your home.

Get a copy of your credit card agreement to see if there is a cross-collateralization clause. If there is, remember that it may not be enforceable.

This is a good question to ask attorneys. Most BK attorneys offer free consultations. You should meet with at least 2 or 3 before hiring one.

Welcome to BKforum!

[hoan79]

Thank you for the reply. They are a National Bank so it should be fine but I'll make sure to add it to my list of questions for the attorneys we talk to.