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My home is in foreclosure – my 2nd mort shows discharged (chap 7 bankruptcy 2002) bank says not true – help?

1st & 2nd Mortgage on home that is in foreclosure with very little time left. I went a credit counselor who printed my credit report which shows that my 2nd mortgage was discharged in 2002 chapter 7 bankruptcy and that I only actually owe the first mortgage. The bank disagrees with that. I may actually have a chance @ financing the 1st mortgage w/o the 2nd. Can anybody help me?

It depends upon your actual loan documents but in most cases a bankruptcy will NOT absolve you from ANY mortgage. You sign a document attesting to that fact and agreeing to not include the mortgage in the bankruptcy. And just because your home is foreclosed on and someone else buys it, it doesn’t mean the bank can’t or won’t go after you for the outstanding balance due on your loan(s) (assuming they aren’t paid completely by the proceeds from the sale).

The only way to know for sure is to look thru all of your loan documents – start by reading the “Note” and “Mortgage” docs.

The Branches of East Fork, Brevard, NC, Foreclosure for sale


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