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Is Your Mortgage Company Forgiving Debts?

Last updated 2 years ago

Sunday’s New York Times contained an interesting article, How to Erase a Debt That Isn’t There, regarding mortgage companies that are forgiving debts that have already been discharged in bankruptcy.  When confronted the mortgage companies seemed to indicate that they would now also release the mortgage.  That is the key.  The bankruptcy gets rid of the debt, but the lien remains.  If the lien remains you can’t sell the property without paying off the mortgage.  There is a process that can often be used to get rid of second mortgage liens in chapter 13 bankruptcy if more is owed on the  first mortgage than the house is worth.  If you have questions regarding the use of chapter 13 to save your house in foreclosure, give our office a call at 618.207.3770 and schedule a free initial consultation.


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