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    MoonDust's Avatar
    MoonDust Posts: 52, Reputation: 1
    Junior Member
    		  
    #1

    Sep 17, 2009, 06:43 PM
    Bankruptcy 13 and 2nd mortgage
    I had to file a chapter 13 because of credit card debt. I have no debt except living expences and my home. My first mortgage is current but the 2nd is not. This 1st is an FHA with 5%intrest the second is a closed end equity line of credit with 8.25% interest. st mortgage payment $660.00 including tax and insurance. 2nd is $674.00 I have a balance of $33,000.00/ with 7yrs remaning on 1st and $45,500.00 on 2nd with around 8yrs remaining. I want to keep my house I have lived here for 20 yrs. My bank says I do no qualify for Oboma's plan because of FHA on 1st. Can some one tell me what are my options here being in chapter 13?
    feeling helples's Avatar
    feeling helples Posts: 13, Reputation: 1
    New Member
    		  
    #2

    Oct 16, 2009, 11:48 AM

    In my chap 13 filing, my second mortgage is being included because of the appraisal on my first mortgage was less that what I owe so they were able to include the second.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #3

    Oct 16, 2009, 12:35 PM

    You need to speak to a Bankruptcy Attorney. Every situation is different and I would take the advice of that Attorney over anything posted on this board.

    You have no idea what the expertise of people answering you, me included, is and this is something an Attorney can take care of legally, properly and in accordance with the Law.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Oct 16, 2009, 12:57 PM

    If you are already in a chapter 13, there was a budget set up by the court or at least approved by the court, showing you had the money to pay all of the bills, is there a reason this is not working ?
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