Archived
Can the 1st or 2nd Mortgage company garnish my wages in California if my house went into foreclosure??
Michael's answer
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Answered on August 18, 2009
They might be able to, but rarely do. They have to sue you first however. If they sue you, you can file bankruptcy to stop them and also restore...
Archived
Foreclosure - 1st and 2nd mortgage with zero down - Collection
Michael's answer
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Answered on August 18, 2009
I believe they can try to collect, but it is only a collection agency trying. Until they sue you, there is little they can do other than call or...
Archived
My Fla home has 2 mortgages, the 2nd mortgage was for the down payment of the 1st mortgage. I am in forelcosure.
Michael's answer
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Answered on August 18, 2009
In many states they can. However, most the time the 2nd will just write the loan off. If not they have to sue you to be able to force collection....
Archived
I bought a condo in Florida for $675,000 had a 1st and 2nd mortgage .2nd mortgage was #135,000..now 1st mortgage has foreclosed
Michael's answer
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Answered on August 18, 2009
You are still liable for the 2nd in most states, but you are probably judgment proof. Until the 2nd sues you, they can do nothing. If they sue...
Archived
What happens when a condo is foreclosed on in AZ? Also, can the 1st or 2nd mortgage holder come after me for the deficiency?
Michael's answer
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Answered on August 18, 2009
Each state has different laws regarding deficiency claims on a residence. Most lenders just write off the debt and it is a credit problem only. ...
Archived
We filed chapter 7, mortgage co wants a deed in lieu of forclosure.
Michael's answer
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Answered on August 18, 2009
There is not tax consequence to the debt forgiveness because it was forgiven in the bankruptcy. The bankruptcy only forgave your debt and did not...
Archived
My chapter 7 was discharged last week, and we didn't file my recision of reaffirmation (mortgage) until the 61st day.
Michael's answer
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Answered on August 18, 2009
You may not have a problem other than on your credit report. I am assuming you want to let the house go back to the lender. If the lender treats...
Archived
I have went through Bankruptcy and our house, second mortgage and car was reaffirmation all other debts were forgiven.
Michael's answer
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Answered on August 18, 2009
I think you are right. If the 2nd mortgage forecloses, the step into your shoes and have to pay your first mortgage. So if there is not enough to...
Archived
I about to file bankruptcy and i owned a truck before all this and now im been told it will be sold it is worth 13,500 and how c
Michael's answer
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Answered on August 18, 2009
Chapter 7 is a liquidation and in some states you can only keep a vehicle with a very low value, i.e., $3,000. So if you file chapter 7 and that...
Archived
I sold a property on an AITD a few years ago and the buyer is now filing a Ch 13 BK -- I worry I might be "crammed down."
Michael's answer
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Answered on August 18, 2009
The owner's bk will not discharge your obligation on the mortgage. You have to file your own bankruptcy to do that. If the owner files a...
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