Legal Question in Bankruptcy in California
We filed a Bk13 on 2011, we had very little debt but we had a second mortgage that we were told but attorneys we could get raid of it.
Now, 2 1/2 year into the BK my attorney is telling me that I cannot get raid of my second mortgage because my second mortgage has become my first and my first is the second, because in 2007 we refinance our first mortgage and apparently there is not a subordination letter.......
Should the attorneys have know this, asked us before the BK if we had refinance, they trying to tell me they cannot do nothing if that subordination letter doesn't exist
any advise???? should I get another attorney ?
1 Answer from Attorneys
It can be corrected; the original first mortgagee can still subordinate the second mortgage.
This answer (as well as our Web site) by San Diego Bankruptcy Attorney, Asaph Abrams doesn�t address all facts & implications of the question; it�s general bankruptcy info, not legal advice to be relied upon. The answer creates no attorney-client relationship; it may be pertinent to CA bankruptcy law only and certain facts may be relevant to the San Diego Bankruptcy Court only. The answer is independent of other attorneys' answers. Seek legal counsel before acting on or refraining from bankruptcy- or other legal-action. Laws are subject to change and local practices vary.
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