Virginia | Bankruptcy
Legal Question
Hi,i filed ch7bankruptcy and my 1st and 2nd mortgage was included and discharged i have discharge papers.what would happen if i payed the first mortgage and not the 2nd mortgage to the other company,would that debt be wiped out.if not what could i do to get rid of the second mortgage.
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Legal Answer
Your personal liability on the mortgages was discharged, but the liens survive. If you keep paying the first, they can't foreclose, but the second can. However, in many cases foreclosure on the second would make no sense because they would have to pay off the first, which is often more than the house is worth. However, over time, values may go up and the first gets paid down, eventually providing equity to support the 2nd, and making a foreclosure worthwhile. And if you ever sell the house, you have to get the 2nd paid off or otherwise satisfied. If you want to get rid of the 2nd completely, you may be able to do a Chapter 13 bankruptcy and, if there is no equity supporting the 2nd, you may be able to strip it off.
The foregoing is general information, not legal advice. See an experienced bankruptcy lawyer for advice regarding your specific situation.
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