we have a discharged ch 7 bankruptcy. we included or did not retain the house, but we still receiving monthly statement asking if we want to contact

Asked by Phoenix09, 85323 Wed Nov 11, 2009

them for a loan workout. Is this possible or wise to go back to the lender to ask for loan modification to lower the payment? there were 1st and 2nd mortgages. would the 2nd mortgage dropped off or removed because of bankruptcy? 1109P

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Keith Manson-…, , Milwaukee, WI
Fri Nov 13, 2009
You need to talk to you bankruptcy attorney to confirm what happened. If in fact you discharged your debt, to complete a work out you would have to re affirm you debt. Both the first and second would have to be reaffirmed unless they were addressed separately in the bankruptcy. However, again, this is very complex and you should have legal counsel review the situation before you do anything!

If you don't want your house tell the bank the chapter ,case number and date filed and dismissed. Then start looking for a new place to live.

Keith Manson
First Weber Group
Certified Distressed Property Expert
Metro Milwaukee
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Ted Canto, Mortgage Broker Or Lender, Scottsdale, AZ
Thu Nov 12, 2009
If the account is on the Schedule of Creditors, they should not be contacting you at all. You do not have any liability with them. Check your documents. If they are in there (They should be or your lawyer is in trouble) then send them a certified letter stating that they are not to contact you at all.
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