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  1. #1
    Join Date
    Dec 2010
    Posts
    3

    Default How to Settle with Second Mortgage Debt After Foreclosure

    I live in CA. due to my medical bills when my wife got sick, we got behind on payments and credit card debt went up. Eventually, we lost our house in 2008 which took care of the first. I had a 150k 2nd with Chase which is a recourse loan. I REALLY need some advice on how to get out from under the 2nd. Some time after the foreclosure Chase contacted me and I explained the situation. The rep said at that time they would settle for 35K but it might as well have been 350k because we didn't have that either. We were trying to find a place to live and get back to as normal a life as we could.

    Chase said if I started making monthly $250 payments, they would not take me to court and end up with a judgement or garnishment of my wages so I started making the payments. After 1 year of making payments they are now saying they want 50K to settle. I now realize that they have me by the short hairs. I don't understand it all but they obviously feel they have a better hold on me since the settlement amount went up.

    I'm still making the payments but I REALLY need to settle for a amount I can afford. I fear the settlement amount will never go down and I'm afraid they will take me to court more so now that I've demonstrated an ability to pay 'something'.

    What should I do? I'm just at the point where I can start saving money towards the settlement but there's just no way I can pay 50K and get my family out of my parent's house where we have been living for the past 2 years since the foreclosure. We want to get another home (this time one we can afford) but saving 50k to get away from chase so that they can't come after me means being stuck where we are for years...

    Should I get a lawyer to negotiate with Chase? Are there ANY options I have to settle for an amount I can realistically pay? Any advice is appreciated.

  2. #2
    Join Date
    Jan 2008
    Posts
    164

    Default Re: Trying to Settle with Chase on Second After Foreclosure

    have you considered bankruptcy? once filed you will not owe any money to no one, its a tough call bout one that you should think about, i know i have been their and my wife and myslef are finally back on track!

    God Bless

  3. #3
    Join Date
    Dec 2010
    Posts
    3

    Default Re: How to Settle with Second Mortgage Debt After Foreclosure

    I have thought about it. My understanding is that a means test must be passed. For my situation I would not qualify for chapt 7 which leave chapt 13 as the only option. In that case I believe I would have to pay a court-determined monthly payment for anywhere from 3 to 5 years(?) before the debt would be discharged. It is entirely conceivable that, in that eventuality, I could end up paying close to what chase offered as a settlement.

    I should add that I have been dealing with:

    Bureau of Recovery LLC
    1813 E. Dyer Road
    Suite 411
    Santa Ana, CA 92705

    So this debt has gone to collections but Chase still owns the debt, from what I've been able to gleen. Am I sqrewed?

  4. #4
    Join Date
    Dec 2010
    Posts
    3

    Default Re: How to Settle with Second Mortgage Debt After Foreclosure

    My 2nd with Chase for 170k has been discharged. the house was foreclosed by the 1st lender. On my credit report the debt shows the Collection Agency, Bureau of Recovery LLC , as the creditor so this means Chase actually sold the debt to the CA? I've made 8 k in payments to the CA so far over the last 2 year in monthly payments just to stay our of court.

    What I'd like to know is how much should I offer the CA to settle? Did the CA pay 7 cents on the dollar for the 170 debt? What is a good % to offer?

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