Legal Question in Bankruptcy in Michigan

We filed chapter 7 bankruptcy and it was discharged. Two years later we did a loan modification and our monthly payment went up cause they tacked on all our missed payments. We just tried to do a loan refinance but were rejected cause the new lender we were dealing with said there is a lien on our house from our second mortgage. We thought this went away with our chapter 7. Is there anything we can do? Why did the bank tell us when we did the loan modification?


Asked on 8/23/15, 3:28 pm

1 Answer from Attorneys

Andrew Campbell Andrew L Attorney at Law

I would need to know more information from you. Not sure why your monthly payment would have gone up though. A Chapter 7 is a discharge of debt. A discharge of debt is an elimination of the right to hold you responsible for your promise to pay. When you bought your house you got money from a finance company based upon your promise to pay. Your promise to pay was based upon a promissory note you signed. The note is discharge because the promise to pay is eliminated with a Chapter 7. But you also, when you were handed the deed, signed a mortgage giving the finance company the right to take your house if you didn't pay, this is known as a security interest. The security interest is a property right that is not eliminated or affected by the Chapter 7. The lien or security interest remains on the property. Your last question I don't understand. Why did the bank tell you what? They probably told you when you did your loan modification it is independent of the second mortgage. It doesn't matter b/c the government program they used wouldn't allow a lien like to prevent a modification. I would need a lot more information here about the modification. I would also need to see how this is appearing on your credit report.

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Answered on 8/23/15, 5:16 pm


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