dwi04151979
Jul 24, 2008, 09:29 AM
I filed for bankruptcy under my first mortgage. I then obtained a second mortgage from an outside/different firm. My question is this: Is this second mortgage still covered under the original bankruptcy? Can the second mortgage company come after me for losses under any of these bankruptcies? The current mortgage company has agreed to a short sale of my home. Will there be a short-fall in this case? Any help would greatly be appreciated.:confused:
Iknowalotofstuff
Jul 25, 2008, 10:12 AM
In Ontario Canada, under the circumstances you pose, the second mortgage is not a debt provable and discharged in your original bankruptcy. The first mortgage is a pre-bankruptcy debt. Any shortfall after sale assuming you did not reaffirm the debt after bankruptcy would be discharged. As for the second mortgage, under the Bankruptcy and Insolvency Act you have a duty to disclose (for credit over $500.00) that you are an undischarged bankrupt. Having done so, the second mortgage is advance and is a post bankruptcy debt. You are responsible for any deficiency arising from the sale. Bankruptcy is not a get out jail free card for either the debtor or the creditor.