Question

I lost my home to foreclosure about a year ago. I stopped making payments on the second mortgage around the same time and I just got a notice that the second loan was “charged off.” What does this mean? Is the debt forgiven? What should I do, if anything?

Answer

Your second-mortgage debt has not been canceled or forgiven. A “charge off” is an accounting term that means the creditor no longer considers the money you owe as a source of profit, but rather, counts it as a loss. A charged-off loan—unlike forgiven debt—is still considered an obligation that you must pay.

Understanding Charged-Off Second Mortgages

When the first-mortgage lender foreclosed on your home, the second mortgage was also foreclosed and that lender lost its security interest in the real estate. (Learn more in What Happens to Liens and Second Mortgages in Foreclosure?)

While the second-mortgage lien was eliminated, the debt associated with the second mortgage was not. Instead, it became unsecured debt. Then, after you stopped making payments on your second mortgage, your second mortgage lender eventually determined that the debt was uncollectible and decided to charge it off. This usually occurs between 180 and 240 days from the date of your last payment.

A charge off means that the lender is writing the debt off their books, but it does not mean that the lender forfeits the right to collect the debt. Even though the lender did a charge off, the debt remains legally valid.

What Happens After a Charge Off?

After the charge off, the creditor will typically send or sell the account to a third-party collection agency. That agency will probably make repeated calls and send letters to you to in an attempt to collect the debt.

Your Options After a Charge Off

There are a few different routes you can take after the lender charges off a second-mortgage and sends it to collection. Your options include:

Make the Required Monthly Payments or Pay the Debt in Full

You can make payments on the debt or pay it off in full; otherwise, the collection agency might sue you personally to recover the money.

Don’t Pay and Let the Collection Agency Sue You

This is generally not recommended. If the collection agency wins the lawsuit and gets a money judgment against you, it may typically collect this amount by doing such things as garnishing your wages or levying your bank account. Also, your credit will be further damaged.

Of course, if you have nothing that the collection agency can get from you—you're "judgment proof"—and this financial situation will last for a long time, then it might make sense to do nothing. Consider talking to a lawyer before you make this decision, though. You might have a defense to the suit, like the statute of limitations has run out or the creditor doesn't have the legal right to sue (called "standing").

File for Bankruptcy

Filing for bankruptcy is an option as well because a bankruptcy can reduce or eliminate this type of debt.

Settle the Debt

If you can’t afford the required monthly payments or come up with enough to pay off the total amount of the debt, you might be able to negotiate a settlement for an amount less—often much less—than what you actually owe. Some creditors will accept as little as 10%-20% of the remaining balance to settle the debt. Though you might be liable to pay taxes on any forgiven amount.

If you want to try to settle a debt that resulted from a charged-off second mortgage, consider talking to debt settlement attorney.

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