Posts Tagged ‘second mortgage’

Need help to file for bankruptcy.Please help?

I’m in trouble what can I say and the only thing left is to file bankruptcy. I do own a home and I’m current with the payments.I do not want to lose my home.What I make right now is just enough to support myself and my kids. Few years ago my then husband took a second mortgage on another property that we own at that time. After separation we have lost that home and we agree for me to remain in this home now and pay for it which I do. The problem is that things changed. I lost my job , divorce etc and we stop paying that loan. Its about 27.000 dollars. After stop paying the loan was handed to a collection agency. I agree to pay them 100 a month. But is getting harder in harder to go by. Mortgage , food, gas , 2 kids ,etc I can’t make it. I really don’t have any other debt except a 1800 dollars credit card that is still current. I have a part time job now and I don’t know how to make it.The ex husband don’t help. My question is can i file to bankruptcy on my own? I don’t have money to pay a attorney. My credit is ruined already.I need to get out of this without loosing my home. When I did my taxes I paid off some other bills that I had. I don’t want to do this just to get away from my debt, but I don’t see any other option. I make 900 a month.
Thanks
i forgot to say that I live in Illinois

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What kind of Attorney should I talk to? I need to decide between Bankruptcy or Foreclosure?

My husband died last month and I lost his Social Security Disability. I am going to lose the house. My pay was cut last year by 10 percent due to the economy. I owe twice as much as the house is worth. Lender won’t modify the loan enough to help (plus I have a second Mortgage). I can’t short sale…. I want to talk to an attorney about whether it would be best to file bankruptcy or go into foreclosure. Both have long term ramifications and I don’t want any surprises. I need to talk to an attorney, but how do I find one and what kind?

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Shady bankruptcy lawyer…?

Hi I am from Southern California and my father has been having debt problems, mostly with his second mortgage. He recently told me that he found a lawyer on a radio station that has promised to get rid of all his debts. All the lawyer asks for is 00 now and another 00 later (this plus a number of different fees such as home evaluation fee over 0 plus 0 per visit and court appearance). To be honest this guy seems a bit shady to me, he says he is just starting and that his office is empty-looking because he just moved to this building. He has promised my father that in three years he will be debt free and that even though my father owes ,000 in credit cards plus the mortgage, that he will not pay more than 0 a month and thus he will have a lot of money left over to spend as he pleases. The guy defined bankruptcy as practically total debt forgiveness and just a simple way to “start fresh.” He has told my father to immediately seize all payments, even though he is not his lawyer yet. However, my father is determined to give him the 00 and sign a contract with this guy, soon. I am not sure bankruptcy is the way to go for my father; he can afford his credit card debts and his first mortgage and is only really having troubles with the second mortgage of about ,000. This lawyer said “If what I promise you sounds too good to be true it’s only because you people are ill-informed.” He has promised debt forgiveness and more cash…

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Does filing Chapter 7 bankruptcy discharge your mortgage loan?

Facing a lay-off, we may have no other option but to file for Chapter 7. We have a mortgage and second mortgage. When you file chapter 7, does this discharge mortgage debts as well? Then do you give up your home, or keep it, or what?

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How can I stop a checking account garnishment when I have filed for bankruptcy?

I live in Michigan & recently went through a divorce, foreclosure, and was laid off at work. For the past year, I have been unemployed & then am currently temping.

My ex-husband declared bankruptcy and basically, our second mortgage wasn’t foreclosed on (it was a different bank than the first mortgage) and that entire balance is now my responsibility. It’s over ,000. I was served last summer and then in Feb 2009 my MI State Income Tax refund was garnished. Now, I received a writ of garnishment from the court and it was sent to me FROM my old credit union. THEY were served with papers on 6-18-09 and thankgod, the account was CLOSED so they could not pull money from the account.

I am fearful that now, they will get to my CURRENT bank & possibly my staffing company where I work.

I checked my current bank acct. and there is still a positive balance but what should I do? Close this account?

NOTE: I secured a bankruptcy attorney and paid in full within the first week. I was given a first draft and returned that to them over 3 weeks ago. I am awaiting a SECOND draft. It has not yet been filed with the courts. Am I not protected yet? Any advice would be appreciated. Thanks in advance

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Is it possible to remove a second mortgage lien after a bankruptcy?

In 2001 we filed for bankruptcy, and put our house on it as well, and we had a second mortgage too, and of course, we put them on the bankruptcy as well. Well, the first mortgage talked us into taking the house back, but after the bankruptcy was discharged, we never heard from "The Money Store" again. The Money Store had our second mortgage. Well, we’re in the process of selling our home, and we got a hold of the second mortgage lien holders to get the pay off. When we filed bankruptcy we owed the second right at 11k. They say we owe them 18k, because of interest… BUT said they’d be willing to take a settlement, and then after talking to the guy for a while it was clear that The Money Store wants all of my equity he can get. Wants me to have nothing. Can they do this, and how should we deal with these people?

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how long can we stay in our home after filing it in with our bankruptcy?

Ok, I am having a hard time finding the answer I’m looking for, hope someone can help. My hubby and I do not want to foreclose on our home, nor do we want to do a short sale, as I hear a short sale is every bit as bad if not worse than bankruptcy. We have a second mortgage as well. If we file bankruptcy and put the house in with that, approx how long will we be able to stay in the home before we get kicked out, and how do they do it? I don’t want them to come and slap a yellow sticker on the window like they would in a foreclosure and make it obvious to the neighborhood that we defaulted on our mortgage. Does anyone know how long we will be able to stay, and what will happen to the house when we are forced to leave?

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Want to sell our Townhouse, how do we do it in this market?

We bought a brand new Condo/Townhome in Rhode Island in 2005.
Its in a decent area, 10 min from Providence. 40 min from Newport. 50 minutes from Boston. We both lost our jobs last November and are both living on one Unemployment check. With student loans, cars, insurance, utilities, mortgage, credit cards etc… Its all getting to be way too much and we are throwing away everything we’ve saved into this black hole of debt & mortgage interest.

So, we’ve read all about both types of Short Sales, (release of lien) etc.
Foreclosure, Bankruptcy etc…..

I know there is an alternative to rent our Condo/Townhouse out but the market isn’t looking that good for renting (to cover what we’d need for bills & to move) BUT, we want OUT OF HERE! We want to either move back home to upstate NY where our families are from or way down south to FLORIDA where its warm. I don’t even care if we RENT again. I’m SICK OF IT around here. One of the highest unemployment rates and we are depressed and miserable.

So, what is there for us to do?
we had so much student loan bills on credit cards we consolidated into a second mortgage while the market was still good. So, now we have the first home mortgage and a second mortgage. These total 0K the main problem is that we are 1 of 5 condo units. The one on the end went into Foreclosure when its owner skipped the country. NICE! So, with that unit selling for 9K we are screwed!

So we’d short sale and have to get forgiveness for K
AAaaaaahhhhhhh……………………………
If its a release of lien, I can’t afford 70K plus all my 50K in student loans and still be left with no house.

What the heck are we supposed to do?
Just want to move…..

Any help would be great!

ps- I’ve tried talking to our Mortgage Co. (First Franklin based out of CA) they are NO HELP. and have straight out told us they won’t do anything unless we are 3 to 4 months behind on payments. Of which we aren’t. We have never missed a payment.
WHY WON’T THESE COMPANIES WORK WITH US THAT NEED HELP? I DON’T GET IT…

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