And yet I am getting monthly statements from the lender for the second mortgage I had on it, WITH interest and late dees added every month. I'm certain it sold from the county recorder site, new deed was filed.
-
"Starting again is part of the plan"
-Gloria Estefan -
First question - this loan was listed on your Ch 7 forms and the lender was notified by official letter from the court that you filed, right?
Second question - did the lender file with the bk court to lift the automatic stay and foreclose on the property?I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go -
I have not filed BK. I just let that place foreclose
in preparation for filing this year after I have figured out every loophole possible. So the place sold at auction, and the second lien holder is still sending statements as though it were business as usual? (I have not received any notification nor a 1099 nor anything else, but I assume the market is so wild and overburdened with foreclosures and chaos that it could take a long time to receive that stuff? All I know is that the deed is no longer in my name)."Starting again is part of the plan"
-Gloria EstefanComment
-
Okay, since you have NOT filed BK yet, the 2nd lien will stay intact till you do......
In the foreclosure process the 1st lien holder gets paid first, then if any is left the 2nd lien holder get his share. If no funds available the 2nd lien holder can hold the lien against you until its disolved in BK or paid.
My home was auctioned, 1st lien holder got paid, 2nd one didn't. The lien was held against the property (in my name) until they were notified that I had filed BK..... then they were forced to release the 2nd lien by law and take the loss.
Since you have NOT filed BK, there may be a route they can take to try to collect on the 2nd lien (this I'm not certain of)....
Others here on the forum maybe able to help you more with this question....Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
-
In that case then second is still a lien,
then the house cannot be sold to anybody, if there's a lien on it? Anyway, in AZ law prevents a deficiency judgment on single family homes, so would'nt that mean too bad to the first and second lender if it forecloses and they lose money??"Starting again is part of the plan"
-Gloria EstefanComment
Comment