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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2832
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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I filed for bankruptcy in May 2010 and reaffirmed the debts

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I filed for bankruptcy in May 2010 and reaffirmed the debts on our house in an attempt to save the house. The house recently foreclosed after a long but failed attempt to sell the property short.

The first mortgage has been satisfied in the foreclosure but the second mortgage still shows a balance due of $40,000.00 is there any way to retroactively add the amount due on the second to the bankruptcy in 2010 or otherwise cause the balance secured by a property we no longer own to be discharged? The second is with Union Bank.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

If you reaffirmed the debt in the bankruptcy, that lets the debt survive the bankruptcy, and you can't undo a reaffirmation once you have been discharged or after 90 days after the reaffirmation.


 

Terry L. :

Do you have any questions?


 

Customer:

Hmm - so the best course of action would be to negotiate with the bank to see if the balance can be reduced?


 

Terry L. :

That would be best if they are trying to collect on the debt.


 

Customer:

Ok - In a foreclosure situation like ours is it customary for banks in general to try to collect on residual debt or are there banks that will forgive the debt considering the circumstances?


 

Terry L. :

50/50


 

Customer:

Ah - OK, well I guess it's worth a shot then. Do you have experience working with Union Bank on something like this or know anyone who might?

Terry L. :

It's worth a shot. No, I don't have any referrals.


 

Customer:

OK - Thanks !! I think that's it unless there's something else I should be asking that I'm missing?

Terry L. :

SInce you reaffirmed, it put you on the hook. If they contact you to collect, then work with them to repay.


 

Customer:

Ok - thanks !

Terry L. :

sure thing


 

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