Bankruptcy Forum

Surrendered Home 1st and 2nd Claims

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

BKParalegal
08-17-2008, 09:45 AM
First off, in regards to the mortgage, the property is supposed to be listed in your bankruptcy as a secured debt and classified as surrender. So they wouldn't be part of the unsecureds at the time of filing, this goes for the first and second mortgage. If they originally filed a claim in the bankruptcy as secured or unsecured prior to the BAR date(the last day to file a claim) then they can amend the claim as many times as they want(theoritically) and you have 60 days (could be 30, my software reminds me) to object to the claim. If you are paying 80% of your unsecureds in your plan, is that percentage based on very little unsecureds filed a claim, or was a set percentage/amount set as an unsecured creditor pool in your plan at the time of filing. The trustee typically doesn't have a clue what is going on unless someone(thing) files a claim or amends an existing one, then he/she knows what is up. I guess the real point is, what does it matter to you how they are classified, unless it is going to change your payments.

dovette7
08-17-2008, 10:49 AM
The amount to pay back was a specific amount based on creditor pool.
The reason it matters to me, is since we are at 80% and if we are able to pay it off earlier somehow...even at the original unsecured claims at 100%....the 2nd mortgage being unsecured makes the unsecured amount go up $50,000.

If their claim is secured and they don't amend it to unsecured, would that $50,000 not be paid at all... or does it automatically become unsecured.

I'm just trying to look ahead and see what we totally owe at 100% payment of unsecureds.