Second Mortgage

Question:
I filed sometime ago for bankruptcy and have kept the house during this time. The second mortgage in question I am unsure weather it was secured or unsecured. However I know that it was never filed with the county clerk. If at this time I go and sell the home will this appear. In addition if it was not filed with the county clerk can they go back at this late date and file it. Also if I sell it do I have to continue to pay it.

Answer:
If you had the second mortgage at the time you filed and it wasn't "perfected," meaning that it wasn't properly recorded so as to give the mortgage company a lien on the house, it was discharged in the bankruptcy and you need not pay it. I *strongly* recommend speaking with a bankruptcy attorney before doing anything, and getting a formal opinion letter setting forth the situation and your options.





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