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LawTalk
LawTalk, Attorney
Category: Bankruptcy Law
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Experience:  I have more than 25 years of experience in the practice of law.
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Oops, I forgot some points. The house was included in the

Customer Question

Oops, I forgot some points. The house was included in the BK. Does that strip the second mortgage when it was purchased with the right of redemption? Or does that mean that the second is still a bona fide debt? Also, is it legal for the two to get married after all of this? If the scheme did strip the second, is it legal for Anne to marry Glenn and live at the property? Would it have been legal for them to marry BEFORE Glenn bought the property?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  LawTalk replied 1 year ago.
A Chapter 13 BK takes at least 3 years to fully complete, and most take 5 years. The second would not be gone until the BK was fully completed.

If the BK was ALL over with by the time, and then the foreclosure occurred, the redemption would be accomplished and there would be no second.

They can still be married---of course. I know I mentioned that the two things--the house and the marriage are not related. Yes, they may marry. They could have been married at any time.

Doug
Customer: replied 1 year ago.

So, the law doesn't consider it fraudulent conduct? The BK was discharged in February 2008. The house purchase occurred in July of 2010. How would I find out if the BK was fully complete? Doesn't the discharge indicate it is fully complete?


 

Expert:  LawTalk replied 1 year ago.

Define discharged. Do you mean discharged---after at least 3 years---or do you mean dismissed---because of failure to abide by the terms of the BK. It makes a difference. If you don't know if the BK was ever completed to can look it up on the internet for a fee, by name and region.

Customer: replied 1 year ago.

Discharged after 4 months. The paperwork says "discharged."

Expert:  LawTalk replied 1 year ago.
Discharge after 4 months is a chapter 7 BK---and you can't strip liens in a chapter 7, unless you live in the 11th Circuit---Think AL, GA and FL---and even that case is on appeal--and will likely be overturned. It is a general rule that chapter 7 does NOT strip a mortgage.

Customer: replied 1 year ago.

Okay, so how does that work? This is so helpful. That means that Anne still owes on the second? Or does that mean Glenn owes on them? Why hasn't the bank made any contact?

Expert:  LawTalk replied 1 year ago.
I can see that this is going to go on and on all evening. I've already worked about10 hours and I don't have time to try and unravel the facts.

I'm sorry but I'm afraid that I cannot assist you further. I will opt out and perhaps another expert can assist.

Please do not respond to this message as it will send this question back to me.

Thanks and good luck.

Doug
Customer: replied 1 year ago.

No, it's not. I've gotten everything I need. Thank you very much. Questions answered.

Expert:  wendy-Mod replied 1 year ago.
Hi, I’m a moderator for this topic. It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!

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