Legal Question in Real Estate Law in California

I own two homes, I cannot afford the mortgage on my rental. I have two mortgages with two different banks on the rental. I would be able to pay my first mortgage. Is there anything I can do to try to keep the house?


Asked on 6/18/10, 8:19 am

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

See a bankruptcy attorney in your locality to see if you qualify for a Chapter 13 filing. Under an approved Chapter 13 plan the court can write down the principal and interest on the rental property, thereby lowering your payments on the rental property. (but not your primary residence).

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Answered on 6/18/10, 11:37 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Also, talk to your first lender about refinancing and rolling the two existing loans into a single new loan. This may not be possible as you may not meet all their criteria, but as an alternative to bankruptcy should not be overlooked.

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Answered on 6/18/10, 12:20 pm
Anthony Roach Law Office of Anthony A. Roach

I suggest a refinance as pointed out by Mr. Whipple. Without you providing us more detail, a definitive legal answer cannot be given.

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Answered on 6/18/10, 1:34 pm


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