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    Question about 1st & 2nd mortgages

    Another question here

    While at the new BK attorney I consulted, he mentioned something about the holder of the 2nd mortgage being able to 'personally sue' you. I am not exactly what he was referring to, but I think it had to do with a house going through foreclosure, and then the 2nd can sue you. Perhaps he was trying to tell me that if we filed BK, then the house foreclosed, the 2nd mortgage lender could sue us?

    Does this make any sense? I think I very much misunderstood him. So..maybe someone could just explain what happens in BK when you have a 1st & 2nd, (and you don't reaffirm) or what happens without BK if a house forecloses. Maybe that will help clarify things and maybe that is what he was trying to explain. I know he was trying to explain to me that a 2nd mortgage lender can sue you...

    Thanks
    JJ

    #2
    If your mortgages (1st, 2nd, even more if there are any) are discharged in bankruptcy then the lien holders can NOT come after you for the deficiency. What your lawyer was probably telling you were the ramifications if you didn't file for bankruptcy.
    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.

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