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mmdesq
mmdesq, Attorney
Category: Bankruptcy Law
Satisfied Customers: 518
Experience:  Attorney with 13 years experience.
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I filed chapter 7 in jan and got discharged in April 2015 -

Customer Question

I filed chapter 7 in jan and got discharged in April 2015 - my house first mortgage is about $155,00. with citibank and they have modified under HAMP now what happens to several other leins
Submitted: 1 year ago.
Category: Bankruptcy Law
Customer: replied 1 year ago.
My bankruptcy was discharged on April 15th 2015. I was offered for HAMP 1 st loan Modification by making 3 trial paymnts (Citi Bank is my 1st Mortgage) I have already made three payment and my modifications have been approved (I have not signed the documents yet) My question is I don't know if my other liens were discharged or not.
Customer: replied 1 year ago.
My other lien means Chase Bank 2nd mortgage which is about $250,000 where as my 1st mortgage is $155,000 after the HAMP where they have included all my arrears like RE taxes, Insurances, Escrows etc that I did not paid for last 5 years. My home may be worth from $400K to $450K
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call + Review Legal Documents. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  mmdesq replied 1 year ago.

Good Afternoon:

I am going to answer your question.

If you filed a chapter 7 the liens such as second mortgages are remain against the property. Only your personal obligation to pay under the promissory note is discharged. If you wished to attempt a discharge of a 2nd mortgage you would have had to file a ch 13 and do an Adversarial Complaint to determine dischargability. They would only discharge if your 1st mortgage balance was equal to or greater than the value of the property. From your figures it does not sound like it was.

I hope this was helpful. Please let me know if you would still like additional service, but frankly a review of the documents will not likely change my response.

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