dovette7
08-17-2008, 09:30 AM
Can't find a clear answer so maybe you guys can clear this up for me.
We file Ch 13 Feb 2007. Surrendered home that had 1st and 2nd mortgage.
On the claims filed, both lenders filed them as secured.
The 1st mortgage lender eventually finished foreclosure proceedings after over a year of filing. The house has been sold and new owners living there. I found this out through real estate agent that home was listed by. On Pacer, both lenders show up as Unsecured. Both mortgages show up with origional claim amount, however under schedueled payment, the 1st Mortgage shows $0 and the 2nd shows 80% of claim (which is what our plan percentage payout is)
So my questions are:
Should 1st mortgage file any sort of amended claim since they sold the property
Should 2nd mortgage file an amended claim as "unsecured" or is that automatically done once home has sold
How does Trustee or anyone else even know the home was sold because 1st mortgage has not filed any paperwork, amended any claim, etc
I do understand that if 2nd mortgage wasn't paid for in sell of home, that the defeicency balance normally becomes unsecured but I don't understand the process
We file Ch 13 Feb 2007. Surrendered home that had 1st and 2nd mortgage.
On the claims filed, both lenders filed them as secured.
The 1st mortgage lender eventually finished foreclosure proceedings after over a year of filing. The house has been sold and new owners living there. I found this out through real estate agent that home was listed by. On Pacer, both lenders show up as Unsecured. Both mortgages show up with origional claim amount, however under schedueled payment, the 1st Mortgage shows $0 and the 2nd shows 80% of claim (which is what our plan percentage payout is)
So my questions are:
Should 1st mortgage file any sort of amended claim since they sold the property
Should 2nd mortgage file an amended claim as "unsecured" or is that automatically done once home has sold
How does Trustee or anyone else even know the home was sold because 1st mortgage has not filed any paperwork, amended any claim, etc
I do understand that if 2nd mortgage wasn't paid for in sell of home, that the defeicency balance normally becomes unsecured but I don't understand the process
