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
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
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