Legal Question in Bankruptcy in Ohio
If a second mortgage was discharged in a chapter 7 bankruptcy an wa note affirmed, do I have to pay the loan off? If I stop making payments can they do anything o me?
Asked on 3/17/11, 1:01 pm
1 Answer from Attorneys
David Michael Benson
Benson Law Firm
If the debt was discharged, you are not personally obligated to pay it back. However, the mortgage lien remains on the property and the lender can foreclose on the property to recover its loan if payments are not made in a timely fashion. But these days, second mortgage holders are refraining from foreclosing where there is insufficient equity to pay return their initial investment. Under these circumstances, the lender may be satisfied to wait for future appreciation and take payment on the lien when the property eventually transfers.
Answered on 4/14/11, 10:08 am
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