Legal Question in Bankruptcy in Florida

2nd Mortgage included in Bankruptcy

I filed Bankruptcy in Nov. 1999. I just recv'd my credit report to find my 2nd mortgage was included in my Bankruptcy. This was against my wishes. I have been paying this mortgage and when I called them they told me I did not have to pay it it would be taken out of the sale of my home. If I do not want to sell my home will they foreclose if I do not pay? I have a 1st mortgage on the home that was not included in bankruptcy. If I can get relief of this mortgage for a while then could I start to pay it again?? What are my options...


Asked on 5/09/02, 3:04 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: 2nd Mortgage included in Bankruptcy

Immediately discuss this matter with your atty. All mortgages should have ben disclosed in the initial bkc filing. If you dont pay, foreclosure will ensue. The previous response is the method to follow to arrange for the liquidation of the debt.

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Answered on 5/10/02, 5:26 pm
Anthony Comparetto Comparetto Law Firm

Re: 2nd Mortgage included in Bankruptcy

You need to enter into an reaffirmation agreement (even though it is after the time to do such) or an agreement wherein you keep making payments and they do not foreclose. Talk with your attorney

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Answered on 5/09/02, 3:12 pm


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