Rancho Palos Verdes, CA asked in Bankruptcy, Foreclosure and Real Estate Law for California

Q: 2nd mortgage is included in bankruptcy and now the 2nd mortgage is apparently in foreclosure.

My family did a bankruptcy (chpt 7) in 2016 and our 2nd mortgage was included in that. We got a notice that the 2nd mortgage/lien was in foreclourse and was being auction off. Apparently, it was sold. We have NOT recieved anything from the new owners of the 2nd mortage/lien. We are getting a lot of calls from Lawyers telling us we need to do a wrongful foreclosure. Is that something we need to do?

Note: nothing is showing up on our credit report regarding the 2nd mortgage/lien.

3 Lawyer Answers
James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if your 2nd mortgage was included in the bankruptcy and there is no record of it on your credit report, it's possible that the debt was discharged in the bankruptcy process. If you haven't received any communication from the new owners of the 2nd mortgage/lien and there is no adverse impact on your credit, there may not be an immediate need to pursue a wrongful foreclosure claim. However, it's advisable to consult with a qualified attorney to fully assess your specific situation and explore any potential legal remedies.

Martha Warriner Jarrett and Timothy Denison agree with this answer

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: Your question isn't possible to answer in this forum without a lot more information. Your best action plan is to sit down with an experienced attorney right away to go over everything. Sometimes, depending on which bankruptcy ( 7 or 13) you filed, second mortgages do not go away. You need to move fast so your house doesn't get auctioned off. We have helped many people prior to foreclosure but help after is much harder and sometimes not possible so you need to move fast right now because the clock is ticking.

Yelena Gurevich
Yelena Gurevich
Answered
  • Bankruptcy Lawyer
  • Studio City, CA
  • Licensed in California

A: I have heard this story many times. There is no such thing as "second mortgage included in bankruptcy." For starters, the 2nd mortgage is secured, which means if you filed a chapter 7, you may have discharged your personal liability, but the mortgage survives the bankruptcy and is attached to the property and once you have equity they all of a sudden reappear for their share (yes, this is legal for them to do). If you had filed a chapter 13, the question then becomes did you pay towards the second to come current or pay it off or did you ignore it. You need to consult with a bankruptcy attorney asap. Alternatively, you can try to negotiate the 2nd mortgage but this is fairly difficult if you now have equity as they have no incentive to negotiate with you.

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