Just met with our attorney and he advised ch 7. We have our 1st mortgage with wells fargo for $144K and a HELOC for $113K with principal bank. Our attorney advised we reaffirm the first but not the second..... apparently in Az they can't come after you. Our house is worth about $200k - $210k. my question is.... can we buy out the lien from principal bank?
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Best strategy to pay off heloc lien
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I could be mistaken but since you have a HELOC with an outstanding balance they can and probably will come after you. Since you are filing a 7 that HELOC balance will be wiped out but the lein will stay. After discharge I would try and negotiate that HELOC down. Just rememeber that by reaffirming the first when/if you ever sell the house that the lein will need to be satisfied either by cash or proceeds from the sale.
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That 1st lien/mortgage will need to be satisfied "regardless" if you reaffirm or not if you plan to sell it in the future.Originally posted by Meatstick View PostJust rememeber that by reaffirming the first when/if you ever sell the house that the lein will need to be satisfied either by cash or proceeds from the sale.Retained Lawyer: 04/2009 Filed: 09/2009 341 Meeting: 10/2009 Discharged: 12/2009 Asset: 05/2010 made asset Closed: 07/2013 after 47 long months
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