Legal Question in Real Estate Law in Georgia

I filed chapter 7 about two years ago and both my mortgage was included. They would not reafirm but as long as I paid the payment I could keep my home. My husband has gone on disability and I can not pay the second mortgage. Can they foreclose on my home as long as I keep the first mortgage current?


Asked on 11/28/10, 8:03 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Unless there are unusual facts you did not provide, yes. The second lender obviously has no benefit from you paying the first and not them. This risk was likely discussed with your BR lawyer. In fact, the lenders can normally foreclose even if you were making timely payments to both of them after a Chapter 7 with no reaffirmation - though they usually will not if they are getting paid.

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Answered on 12/03/10, 8:09 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

As I am sure your bankruptcy lawyer advised you, yes the second mortgage lender can foreclose.

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Answered on 12/03/10, 8:11 am


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