Foreclosure in Memphis>Question Details

Liz, Other/Just Looking in Memphis, TN

Can a second lien foreclose my home if i filed banruptcy and put the second mortage on cause the house wasn't in my name?

Asked by Liz, Memphis, TN Sun Sep 5, 2010

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There is more information needed to respond to your question. It depends on the type of bankruptcy filed and if the bankruptcy was discharged or not. I am assuming that if you second wants to foreclose there most be some equity after the first is paid off.

So in short, yes a bank can foreclose if you filed bankrutpcy!

Keith Manson
First Weber Group
Certified Distressed PRoperty Expert
Metro Milwaukee
0 votes Thank Flag Link Sun Sep 5, 2010
You need to talk to an attorney, but a bank can foreclose a legitimite deed of trust in Tennessee if the requirements of the contract are not met. You can postpone a foreclosure by filing bankruptcy, but unless you keep up the payments, the bank can request that the house be excluded from the bankruptcy as it was a secured debt.

Your question has a lot of ambiguity so it is hard to answer with what you posted.
0 votes Thank Flag Link Sun Sep 5, 2010
Liz there are alot of variables, first was it your loan? Did you include teh loan in your banktruptcy? If it wasnt your loan, do you own teh house with someone else and it was their loan? Are you still in bankruptcy or did it get discharged? If you are still ib bankruptcy, you should ask your attorney for assistance, if you have been discharged and used an attorney, i would call them. If you didnt use an attorney, now is the time to call one for assistance. You need someone who knows your state law that can assist you. Good luck working things out
0 votes Thank Flag Link Sun Sep 5, 2010
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