lundi 31 août 2015

Foreclosure: Charged-Off Heloc, Not Sure What to Do

My question involves a mortgage in the state of: Iowa

Let me start by giving a timeline. I think this will help keep things in order...

  • - Nov 2005: Purchased home, Citimortgage is the lender
  • - Early 2006: Obtained HELOC, Citibank is the lender
  • - July 2008: Filed Bankruptcy. Reaffirmed 1st mortgage w/Citimortgage. Offered to reaffirm 2nd mortgage, but Citibank never responded, so it never happened. Moved forward with HELOC not reaffirmed.
  • - Sept 2010: Lost job. Next 4 years were hit and miss employment and sporadic self-employment.
  • - August 2013: HELOC charged-off, behind in payments. Didn't know this until June 2015. They probably did send notification and I somehow missed it.
  • - January 2014: New job. Still there.
  • - June 2014: 1st mortgage w/Citimortgage foreclosed. (Still catching up bills, etc.)
  • - July 2014: Begin some plan w/Citimortgage with 3 months worth of trial payments to see if I qualify for a new/restructured mortgage.
  • - Oct 2014: Successfully complete trial payment plan, and sign new mortgage papers w/Citimortgage. Fast-forward to today and payments have been on time and are current.
  • - Jan 2015: 1st Mortgage assigned to be serviced by Green Tree (not relevant here, I don't think, but included anyway)


Ok, the 1st mortgage is current and fine. It is the 2nd mortgage, or the HELOC, that I am worried about. I stopped getting statements in Sept 2013, but still made sporadic payments and just sent them in. They always cashed them. When I inquired earlier this year why I didn't get a tax statement for interest for 2014 they informed me that the HELOC had been charged off and when. I have not made any payments since I found out it has been charged-off, as I feel in limbo about it.

I don't know where to go from here. I'd like to know what my legal status is.

I did some research, and according to what I read at Nolo Press, if I understand this correctly, because the 1st mortgage was foreclosed (and I am under a new mortgage now), the HELOC was also automatically released as a security and my home no longer has that lien against it. I still owe the money, I understand that, and that's fine, but now it is unsecured debt. Is this correct?

I'm not concerned about the monetary debt right now. I can address that in due time. My question right now is to make sure I don't have to worry about losing the house because the HELOC has been charged-off. I feel that if my research and interpretations are correct, I can relax a bit and not feel like a hammer is going to come down on my head any moment.

Thanks for listening.


Foreclosure: Charged-Off Heloc, Not Sure What to Do

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