I am a teacher with a secure job & possibly getting divorced. I can’t afford my upside-down mortgages alone. Is bankruptcy a good option to try to keep my home? Will the 2nd mortgage be forgiven so I can stay here? What other options do I have?
BK won’t protect your home. Period. It will delay the foreclosure process.
Your 1st mortgage will stay with the house. The BK court will permit the 1st mortgage to foreclose on the property and take it from you. That’s the law.
The 2nd mortgage will become unsecured. A bankruptcy will nullify the 2nd mortgage (as an unsecured debt).
No. Bankruptcy is no clean slate. Not anymore. Seek financial counseling. Dial 211 and get in touch with HUD certified advisers. They have the info you need.
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Go see a Bankruptcy attorney. Particularly with a view to the timing of any filing..
Include all debts in your bankruptcy. The court will then decide, following its rules.
The marriage is likely to complicate things.
With an income, you’ll probably end up CH 13, not 7.
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BK won’t protect your home. Period. It will delay the foreclosure process.
Your 1st mortgage will stay with the house. The BK court will permit the 1st mortgage to foreclose on the property and take it from you. That’s the law.
The 2nd mortgage will become unsecured. A bankruptcy will nullify the 2nd mortgage (as an unsecured debt).
References :
Even if you qualify for chapter 7, secured loans are not forgiven. Either you reaffirm such loans, keep paying them anyway, or give up the collateral that secures them (ie, the home). So the only way to get out of the second mortgage is to give up the home (if they foreclose in chapter 7, you are not responsible for any deficiency).
You cannot have your cake and eat it too.
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Uh, unless you affirm the mortgages and continue to pay them, you lose the home in bankruptcy.
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if you keep the house you will have to keep both mortgages if you include it in chapter 7 you will have both mortgages forgiven. in your situation you are a perfect canidate for possible modification where the lender may be able to extend your loan terms and lower your rate to make your pmts affordable. both first and 2nd mortgage may be elgible for this and you can still file chapter 7 on your credit cards and other debts. call your lender the lowest possible rate is 2% and the longest loan term is 40yrs this may really help lower your pmts so you can keep your home. Gather your income(gross and net monthly) and monthy expenses (everything you spend per month) and call the mortgage companies and apply for a modification its free of charge but the process usually takes a while weeks-months before the process is complete so call them right away and find out your options. Best of luck to you.
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Mortgage Underwriter in loss mitigation for 9yrs.