I went through a Chapter 13 Bankruptcy and did not have my Equity Line on my primary house stripped. We filed the bankruptcy in 2010 and finished in 2015. One month after we finished our bankruptcy we received a Deed of Reconveyance on our second deed from the bank. I thought it was for our second home that had been upside down and just put it with our paperwork. We just finished a refinance on our primary home and our lender told us there was no equity line of credit as there was a reconveyance recorded. I looked through out paperwork and sure enough I had two difference Reconveyance. One on the second home and one on this home. I called BofA and they said the judge stripped the loan and they would close the account, although I had been paying the payments. I called a week later to see if they closed the account and they denied my conversation and said it was a mistake. My bankruptcy attorney can't figure it out and said "Merry Christmas." I have stopped making the payments. Can they come after me to be put back in second position?
Your situation is a real mess. You need to retain the right type of attorney. You need to retain experienced CA mortgage foreclosure and bankruptcy counsel. Only a mortgage foreclosure and bankruptcy attorney has the expertise to prevent you from having more problems than you can possibly imagine. To properly answer your questions and address your concerns, the best way to handle this is with an in-person consultation with an experienced CA mortgage foreclosure defense and bankruptcy attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney. Good luck.
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The Deed of Trust (mortgage) is merely a security interest for your primary obligation, which is the Promissory Note (loan). So, even though they reconveyed the Deed of Trust, you are still responsible for the Promissory Note. If you stop paying on the loan, they can sue you, receive a judgment, and collect on the judgment.
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