If my father did a deed transfer to me after bankruptcy and did not reaffirm his 2nd mortage, how can I re-establish it?

My father filed a Chapter 7 bankruptcy 3 years ago. He did not reaffirm the 2nd mortgage on the house. Last year, he and my mom divorced. He transferred over his deed to me and I found out there was a lien on the house. How can I reaffirm this mortgage or get it re-established in my name? It’s for $60,000. The first mortgage is paid off and I do not want to lose my home. What legal steps should I take?

Asked on May 22, 2012 under Bankruptcy Law, Florida


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can obtain a new loan and pay this lien off or contact the lien holder mortgage company and see if there is a method whereby you seek a loan from it and pay this one off so what the company now has is a first position mortgage (much better for the mortgage company). Shop around..try to find a good deal but your best bet may simply be with the same company.

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