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Is there a statue of limitations for a second mortgage to foreclose after it was discharged in chpt 7 in mi

Detroit, MI |

we reafirmed 1st mortgage and our current but would like to refinance and concerned if 2nd mortgage still has legal lein on property

Attorney Answers 4


  1. Lien stripping is not available in chapter 7 so their lien should be valid.

    This answer does not create an attorney client relationship between you and I. I am not your attorney unless we both sign a written contract that describes our relationship and terms of the representation. Any information provided to you here is not a substitute for the advice you need to pursue any legal matter. I advise you to retain the services of a local attorney before taking any legal action in this matter.


  2. Yes. While your discharge relieved you of your personal obligation to pay the loan it did nothing to affect the lien they have against the property. That lien will remain in place and effective until you either pay off the amount owed or negotiate some other terms of settlement with the second lender. You may end up regretting having reaffirmed the first since now you are not in a position to walk away from the property if it is underwater and the second will not work with you.
    Good luck.


  3. The statute of limitations no longer applies when a debt has been discharged in a bankruptcy. In addition, the statute of limitations does not apply to secured debts because as long as the security (real estate) exists, the lender will have rights to proceed against the title to the property. You selling the property will not destroy the 2nd mortgage - you are stuck with it.

    It might be possible to settle the payoff of this loan for a lot less than the amount owed, but you will need to have a lump sum of cash, nerves of steel, and an appraisal showing that the property value will not cover the value of the 1st & 2mortgage balances.

    Hope this perspective helps!


  4. There is no statute of limitations on foreclosure by advertisement of a second mortgage. If they have a valid lien, and you are in default on payments, they can foreclose. Chapter 7 does not strip the lien.

    As far as walking away from the first, it depends on how much the first lender will bid in the foreclosure sale. If they bid your full balance, they cannot sue you. Consider short sale.

    This answer is not specific legal advise. No attorney client relationship has been established. It is general commentary on the question presented, without the benefit of a full disclosure of all relevant facts. Seek an in-person consultation with a licensed professional.

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