Question

Second on our home

Asked 14 December 2009 · needs an answer

The question

My question involves bankruptcy in the state of: Iowa

My husband and I filed ch 7, last Dec. We were able to keep our home through the homstead. We have our original first loan, and then we have a second on the house. The company that holds the second on our house, ALSO held a car loan for us which was discharged, and the vehicle was returned to them. We have continued to make both our home payments every month on time. We found out that the company holding the second, and whom had the car loan, was in fact taking all of our payments and applying them to the car loan that was discharged. We have spent numerous hours on the phone trying to get this straightened out and have them apply a years worth of payments to the correct account.....we are still trying. They are not being very cooperative, obviously.

My question is, we are just so frustrated with trying to deal with them, and their unwillinginess to help us. We were wondering, if we stop making the payments on the second, can they force the sale of our home? I understand they could put a lein on the home, but we do not want to be forced into selling our home.

Any help is very much appreciated. TIA

From the LawyerCentral forum archive. Originally posted 14 December 2009 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

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