Legal Question in Bankruptcy in California
About a year ago we had our house taken away from us and now a collection agency is trying to make us pay the 2nd mortgage. What are our options? What type of lawyer best fits our situation?
2 Answers from Attorneys
A bankruptcy lawyer can help you eliminate your entire liability on that second mortgage.
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If the 2nd mortgage was taken out at the time of purchase, it was a "purchase money security interest" and is non-recourse ... meaning they can't pursue you for the deficiency.
Otherwise ... yes, a bankruptcy can discharge your responsibility to pay it.
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