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becks3394 · Apr 5, 2008, 03:30 PM

We filed bankruptcy a little over two years ago. (Chapter 7) We did re-affirm our home.
We have a first and second mortgage. We have tried to sell but with the two mortgages we owe more than it will sell for. Our second mortgage states that they can force a foreclosure. We are not in default yet. But we are having to charge on credit cards to make our monthly bills. The second mortgage does not send us statements since the bankruptcy but states that we have to pay or they will foreclose on our home. I have tried talking with the first and second lenders to plead for any help and they state that there is nothing they can do untless we are in default. Help!

becks3394 · Apr 5, 2008, 03:47 PM

We filed Chapter 7 almost three years ago. After we received our discharge papers, we called our second mortgage holder to see why they were not sending us our statements and they said they could no longer bill us, but that we would just need to continue to pay or they could force a foreclosure. Is this True?

George_1950 · Apr 5, 2008, 04:14 PM

Originally Posted by becks3394

We filed Chapter 7 almost three years ago. After we received our discharge papers, we called our second mortgage holder to see why they were not sending us our statements and they said they could no longer bill us, but that we would just need to continue to pay or they could force a foreclosure. Is this True?

Some folks in the mortgage business are just stupid and lazy. But you must continue to pay according to the contract, or you will give them the stick to beat you with.

George_1950 · Apr 5, 2008, 04:16 PM

Originally Posted by becks3394

We filed bankruptcy a little over two years ago. (Chapter 7) We did re-affirm our home.
but we are having to charge on credit cards to make our monthly bills.

You had better stop this right now; what you are saying is the Ch 7 did you no good. I suppose you could have less income since the time you filed, but you cannot spend more than your income and stay above water.

Fr_Chuck · Apr 5, 2008, 04:58 PM

Cut your credit cards up, stop using them for living expenses,

Yes they may be able to, they would be stupd to do so, since if they do, the first gets paid and if there is any money from the sale left they get paid, so almost never does a second ever get paid at a foreclosure.

If you can't pay, you can't pay, try to work out a deal with everyone, but in the end do not keep spending money you don't have, that is what got you into the chapter 7 before and now you have at least 6 more years before you could even refile and they will make it harder a second time

noregrets · May 30, 2008, 05:24 PM

Originally Posted by becks3394

We filed bankruptcy a little over two years ago. (Chapter 7) We did re-affirm our home.
We have a first and second mortgage. We have tried to sell but with the two mortgages we owe more than it will sell for. Our second mortgage states that they can force a foreclosure. We are not in default yet. but we are having to charge on credit cards to make our monthly bills. The second mortgage does not send us statements since the bankruptcy but states that we have to pay or they will foreclose on our home. I have tried talking with the first and second lenders to plead for any help and they state that there is nothing they can do untless we are in default. Help!

I would talk to the attorney that processed your bk ask if you can reopen your bk and add the house, if you want to let it go?? Also while I am not sure the exact # of years before you van file a 13, I know you can't file another 7 for 7/8 years but you can file a 13 after a 7 ot vice versa. I would definitely call the attorney and ask, if the attorney is unavailable ask for the paralegal who processes the bk files.