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if the first loan forecloses on me since the 2nd load has been written off and i have a tax loan. should i file bankruptcy, will this clear everything?

Niicss · Posted: Wed Oct 14, 2009 1:39 am Post subject:

Filing bankruptcy won't clear all your dues. The lender will still hold the lien on the property though you file for a bankruptcy. You will have to pay off the dues to the lender as per your payment plan. If you file Chapter 7 bankruptcy, then you will have to reaffirm the loan and pay it off. If you do not pay the dues, the lender will foreclose the property. Moreover, a bankruptcy does not discharge the back taxes. You will have to clear your back taxes.

Guest

My mortgage company charged off my loan and said I do not have to pay until someone picks up the loan. Right now I have noone to pay no way to pay if I did either but I was not told anything of having to pay any type of tax other than property tax. I have no idea what is going on or what this really means. Can you explain exactly what I should expect?

jameshogg · Posted: Mon Oct 26, 2009 10:16 pm Post subject:

Hi cynthia,

Your lender has charged off the loan. This means that your lender is no longer interested in collecting the dues from you and has sold off your mortgage to a collection agency. The collection agency will in turn collect the dues from you. To know more about charge off, check out the following page:
http://www.mortgagefit.com/know-how/secondloanchargeoff.html

Thanks

Guest

OK Mike! What if I am moving in 5-10 years? What happens to the cloud?

gmakerley · Posted: Wed Nov 04, 2009 1:21 pm Post subject:

i disagree in part with what you've said jameshogg. a charge off is a financial action on the lender's books, indicating that they don't anticipate receiving payment on the loan. it's not that they're no longer interested in receiving payments; it's that the borrower hasn't paid in such a while that they figure it's a lost cause to expect any further payments.

the money is still owed, and they may not have sent the account (yet) to a collector.

Guest

we are behind in our second mortgage as i am paying for 2 separate residences.I am renting in a different state due to only job I could get and wife is in home that has 2 mortgages. Are you a lawyer? Is the above really true I wouldn't be responsible to pay off mortgage(2nd) due to a charge off given to me and no collector would be involved later down the road to put a wage deduction on me? or Judgement? where have you gotten this information from? My home is in Fl.

adonis · Posted: Wed Dec 16, 2009 10:27 pm Post subject:

Hi arturo,

Though your second mortgage is charged off, you would still be responsible for paying off the amount to the collection agency. If you do not pay off the dues to the collection agency, they can sue you for the debts.

Guest

I did a loan modification
The bank lowered my interest rate from 10% to 6% for the life of the loan. Someone at the IRS said that the bank can now 1099C for difference between the the 10% and the 6% for the life of the loan. This could tax me on $60,000....how did this help me? Is this true or not?

Guest

I agree with Mike. The 2nd is charged off and you received a 1099 and paid taxes. That is it. however they will sell your bad loan as part of a larger portfolio to a collection agency and they may try to collect. If the statute of limitations has expired they have no recourse and can not sue you. So if you are in this situation tell them to eat crap. Chekc your credit report and ensure that the bad loan only stays on it for 7 years. Your bad loan will be sold and resold and each one of these collection agencies will try to collect. When you do not pay they will eventually charge it off and then resell it. They will report to the credit agencies regardless of dates. They have no clue what they bought in the first place.
Good luck. This is an area that nobody is paying attention to and very little regulations

Guest

I am current with my 1st mortgage. I could not pay to my 2nd mortgage bank over 20 months. I am in NewYork. I filed for chapter 7 bankruptcy in 2007 and was discharged in 2008. My 2nd mortgage bank approved my loan for a charge off in 2008, sold it to a collection agency, however, collection agency returned it back to the bank after 7 months. So it is back with the same bank. My 2nd bank served me with foreclosure notice about 6 months ago. When I talked to the bank representative he said sale date is set in May. Can you please suggest what I shall do now or what my can do to me? Thanks.

Guest

Lender can either issue a 1099, for which they get a tax credit from the IRS. or they can pursue you for a deficiency. It's either or and not both. I highly sugget you talk to your CPA or a tax attorney to help with this matter. Your lender is trying to double dip!

Guest

I tried to get a loan modification with my lst.mortgage company but they said that my loan had been charged off. I am paying the second mortgage company payments and my past due property taxes. I need home owners insurance also. My income is fixed and I can"t afford to pay everthing. Which is the most important thing to pay?

jameshogg · Posted: Sat Apr 24, 2010 1:25 am Post subject:

Hi mary,

Your mortgage dues, property taxes as well as home owner's insurance are all important items and all of them needs to be paid on time. If you miss out on any one of them, you can sued for it and there can be a lien placed on your property. You've mentioned that your first mortgage has been charged off. In that case, the first lender will not collect the dues from you. Rather a collection agency will contact you and collect the debts.

Thanks

Posted: Mon Apr 26, 2010 12:10 am Post subject:

Helping_user: Your post regarding Loretta still being obligated to pay the 2nd mortgage may not apply if she's in California. California is a purchase money loan state, which means if the 2nd mortgage was used to purchase the property (as opposed to being taken out after the property was purchased), AND the property is her primary residence, the 2nd mortgage company can not come after her for a deficiency judgment once the house has been foreclosed on -- only the property in this case can be used as collateral for the loan.

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Do I need to pay for second loan even after charge off?