Legal Question in Bankruptcy in Maryland

Attempting loan remodification. Currently own two homes. One of these doesn't have a mortgage on it. If this loan modification results in foreclosure or bankruptsy can this effect the home without a mortgage in anyway?

Asked on 9/19/12, 6:41 am

2 Answers from Attorneys

Lawrence Holzman The Holzman Law Firm, LLC

You should probably take the opportunity to consult with a bankruptcy attorney to go over all fo the details about your facts. Most (including myself) will meet with you for a free consultation anyway, so there's no risk.

For you, the issue is that you want to protect the asset that is free and clear. If one of your houses goes to foreclosure and there is a deficiency judgment, that lender can seek to execute on that judgment by attaching and selling the house that is free and clear.

it's not possible to give you more useful advice without a fair amount more information.

Feel free to call for a free consultation. (301/876.4393)

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Answered on 9/19/12, 6:45 am
Brett Weiss Chung & Press, LLC

As Larry correctly noted, if there is a deficiency judgment resulting from the foreclosure, it could result in a lien being placed against your other property. And were you to file for bankruptcy, the free and clear house would likely be considered an asset of the estate and sold to pay your creditors.

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Answered on 9/19/12, 10:45 am


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