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Given the choice- pay 1st or 2nd mortgage?

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    Given the choice- pay 1st or 2nd mortgage?

    We finally filed Ch. 7 on Monday. We are about 1.5 payments behind on the 1st and 2 payments behind on the 2nd mortgage. Our home is upside down by about $50k or so, the 2nd mortgage is worth $70k. We can't catch up on these both at the same time, I'm assuming it's wiser to pay the 1st before the 2nd, since the 1st is probably a lot more likely to enforce their lien. Am I right?

    #2
    You most certainly are correct. Pay the first and tell second to...

    Pound sand, of course...

    Good luck.
    No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.

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      #3
      Yes, pay the first.
      Filed Chapter 13 on 2-28-10. 341 completed 4/14/10. Confirmed 5/14/10. Lien strip granted 2/2/11
      0% payback to unsecured creditors, 56 payments down, 4 to go....

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        #4
        I agree, pay the 1st over the 2nd, however before you go and do so - are you keeping the house & in the long term - can you afford to keep the house? If not, then IMO you'd be throwing $ down the drain. Remember the 2nd can foreclose at any time regardless if upside down or not (but it'd be stupid for them to do so....)

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          #5
          It is either pay first, or pay neither. There is never any benefit to only paying the 2nd.

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