Can a lender forclose on the 2nd mortgage if 1st mortgage is under the protection of Chapter 13 Bankruptcy?

Laura
Other/Just Looking
Fayetteville, AR

Answers (3)
Manu
Broker
Queens, NY

Get in touch with attorney, but they eventually can.

Tue Dec 23 2008, 20:38
Keith Manson
Agent
Milwaukee County, WI

I am not a attorney but have over 18 years as a mortgage banker in default. My opinion is if your second mortgage received relief from the stay that they can foreclose even with your first being in bankrutpcy. I would get intouch with your bankruptcy attorney fast!!!

Tue Dec 23 2008, 10:49
Blaison Samuel
Agent
Union City, CA
FIRST ANSWER

Laura,

My understanding is they cannot foreclose the 2nd mortgage if you are under the protection of Chapter 13 They can only get the money if they sell your house which they cannot do it. Make sure to inform your attorney if you get any such documents from your 2nd lender.

Blaison Samuel
Certified Short Sale Specialist

Tue Dec 23 2008, 09:39

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