Legal Question in Bankruptcy in California

About a year ago we had our house taken away from us and now a collection agency is trying to make us pay the 2nd mortgage. What are our options? What type of lawyer best fits our situation?


Asked on 12/03/10, 1:56 pm

2 Answers from Attorneys

Asaph Abrams Law Office of Asaph Abrams

A bankruptcy lawyer can help you eliminate your entire liability on that second mortgage.

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Answered on 12/08/10, 2:02 pm
Brian Whitaker Lifeline Legal, LLP

If the 2nd mortgage was taken out at the time of purchase, it was a "purchase money security interest" and is non-recourse ... meaning they can't pursue you for the deficiency.

Otherwise ... yes, a bankruptcy can discharge your responsibility to pay it.

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Answered on 12/08/10, 6:02 pm


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