Q: My husband and I filed a Chapter 13 bankruptcy in 2005. The bankruptcy was discharged in May 2010.
The second mortgage (30,000) at the time and our first mortgage was (93,000). We have recently received a notice in the mail from a third-party creditor demanding to pay the second mortgage or they will foreclose on our home. When we filed the bankruptcy the second was field as a secured claim. We completed the plan, are we still obligated to pay the second mortgage
A: If the second mortgage was paid through the chapter 13 plan, then no. If it was not, then you could still owe it. See a competent bankruptcy attorney immediately.
A: Did you agree to pay the second mortgage through the Chapter 13 plan? If yes, then you need an attorney to put the mortgage company on notice and possibly review other options available to you. There may be an FDCPA (Fair Debt Collection Practices Act) case here against the debt collector too. If this was not in your 13, you likely still owe it and need to take care of it. Good luck.
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