If you had a second mortgage before filing for bankruptcy, they most likely already perfected their lien on your house before the bankruptcy, probably around the time that you took out the second mortgage. If they didn’t, and then they try to perfect their lien after your bankruptcy, then they are violating the bankruptcy discharge.
Can You reaffirm your mortgage if you are in bankruptcy?
You can’t reaffirm your mortgage once the bankruptcy case is over without jumping through some additional hoops. You’re going to need to make a motion to the bankruptcy court to reopen your case for the limited purpose of entering into a reaffirmation agreement.
How to make your mortgage payments after bankruptcy?
1 Chapter 7 Bankruptcy and Your Mortgage. If you file (and qualify) for Chapter 7 bankruptcy and your home is exempt, you can continue to make your mortgage payments if you 2 Chapter 13 Bankruptcy and Your Mortgage. 3 Modifying Mortgages: Cram Down in Bankruptcy. 4 Getting Your Lender to Modify Your Home Loan. …
Can a mortgage company foreclose if you file bankruptcy?
As long as you make your current mortgage payments and your plan payments, the lender cannot foreclose. This effectively gives you more time to make up missed payments. To learn more, see Using Chapter 13 Bankruptcy to Avoid Foreclosure. In some cases, you can get rid of second or third mortgages on your home.
Can a second mortgage be stripped off in Chapter 7?
It’s also unlikely that the second mortgage was stripped off in your chapter 7 – while your personal obligation on that loan is discharged, the lien still exists on the house, and most bankruptcy courts do not allow you to strip off a second lien in a chapter 7 bankruptcy, though it is possible to do in a chapter 13 under certain circumstances.
Can a mortgage lien be discharged in Chapter 7?
A mortgage is a lien. They don’t have to place a lien on your property. You already placed it there yourself. A discharge in a chapter 7 case does not discharge a mortgage lien. It only discharged your promise to pay according to the promissory note you signed along with the mortgage.
