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  #1  
Old 05-06-2006, 09:10 AM
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Join Date: Jan 2006
Posts: 7

Forclosure


What is the name of your state? Illinois

We have a 1st and 2nd mortgage. My husband suffered a major heart attack followed by bypass surgery. We are waiting on disability approval. We had to file bankruptcy but reaffirmed on 1st and 2nd mortgage with good intentions to keep our loans up to date.
As of this date we are currently up to date on our 1st mortgage but 2 months behind on 2nd mortgage. With the 2nd mortgage calling daily we have tried our best to get it caught up but I believe they are going to forclose on the 2nd mortgage. What happens to our 1st mortgage? When we reaffirmed, they reaffirmed in my husband name only (but my name is still on the deed). Can they still come after me? Is there anything we can do since we just filed bankruptcy???? Will the 1st mortgage forclose on us because the 2nd forcloses.
We do have mortgage insurance on the 1st mortgage. Help...Need some advice on what is going to happen.
  #2  
Old 05-06-2006, 09:59 AM
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Join Date: Aug 2005
Posts: 1,964
If there is equity in the house then I would start looking for a buyer. How long ago on the BK? Can you refi? The interest rate is would probably be sky high? Do you have a job? Have you called the people with the second and actually talked to them in an open and honest manner about a possible make up of the payments over the next 6 months when making the loan payment and an additional amount to apply to the past due? Being honest with yourselves can you realistically even afford the home anymore?

Sorry about the health issues.
  #3  
Old 05-06-2006, 09:45 PM
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Join Date: Jan 2005
Posts: 346
You must have filed a chapter 7, because there is no such thing as reaffirmation in a chapter 13. Assuming that, you can convert from a 7 to a 13 and that will keep your house from foreclosure by the 2nd mortgagor. Ask your bankruptcy attorney. If you don't have one, get one.
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