Legal Question in Bankruptcy in Indiana

2nd and 3rd mortgages

I filed bankruptcy about 6 months ago it was discharged in nov. had trouble reaferming my home and it some how never got done even though the we had the discharge delayed in order to complete this the creditor never recived the reaffermation letter but I did reafferm my 2nd and 3rd mortgages the house is in foreclosure and thats ok but I want to know is what will happen to my 2nd and 3rd mortgage do I still owe them and if so can I now file chapter 13 on thoes creditors?


Asked on 1/30/03, 6:04 am

2 Answers from Attorneys

Eric Southward Southward & Haggard

Re: 2nd and 3rd mortgages

I am somewhat confused by your comment that the house is in foreclosure and that's ok. Do you intend to keep the house? if so, the reply posted yesterday will help you. But if you don't want to keep the house then you have to know which mortgages you reaffirmed on. If you didn't reaffirm the first mortgage, you wouldn't be personally liable for any deficiency debt, but because you reaffirmed the second and third mortgages, you would still be personally liable for any deficiency debt. Deficiency debt defined as money owed after the house is foreclosed or sold. Depending upon what you want to do, I would advise contacting an experienced bankruptcy attorney.

For any further discussion, you can contact me directly at (317) 916-2300.

Read more
Answered on 1/31/03, 2:24 pm
John Bator Bator Redman & Shive

Re: 2nd and 3rd mortgages

You can file a chapter 13 to save your house and stop the foreclosure-you need to hire experienced ch 13 counsel asap since you will have to cure the arrearage and it grows due to costs and attorney fees being incurred in the foreclosure.

Try to stay current with the 2d and 3d if you can so it will ultimately cost less in your ch 13 plan

If you need counsel, call Andrew Eberly at 317-685-2426 to schedule a free initial consultation

Read more
Answered on 1/30/03, 11:12 am


Related Questions & Answers

More Bankruptcy Law questions and answers in Indiana