Help-- question about 2nd mortgage

[heavensdoor1969]

I have 2 mortgages, thanx to loads of debt left to me by ex-husband, in order to keep my house

My 1st is with Countrywide, excellent APR of 4.25%, $95k on balance of loan ( refinanced with Countrywide Home Loans after my divorce was final in 2002)

2ns mortgage is with HFC: I have no clue what the balance is, but the APR is 10.99%. Just got the loan June 2007

This is my problem:

I was forced into bankruptcy in October 2007. I reaffirmed both my 1st and 2nd mortgages. At the time, the court deemed I could afford to keep the 2nd mortgage, as i had the income to maintain my monthly payments. The problem is, after numerous certified letters to all 3 major credit bureaus and to HFC, my 2nd mortgage is being reported as "account closed, included in Chapter 7 bankruptcy".
The problem is, i continued to make my payments to CW & HFC, but HFC stopped sending statements back in November 2007, they cant find my account in their system anywhere, anytime I call them, and I have only received 2 letters from them in the last 10 months, stating I owed them $863 for my June payment, which I was not able to make, due to not only being cut back on my hours at work, but cut in income.

When I signed the paperwork with HFC, the rep that was "trying to help me get approved" had me write a letter stating that I had a "renter" who paid me X dollars each month, well that was only partially true. Yes I was getting X dollars a month as additional income, but it was from my boyfriend, whom lives with me. I explained to the sales rep at HFC that my boyfriend is the one who paid me every month for help with the bills. She told me that its considered "unverified income". I know going along with it, was wrong on my part, but at the time, I had lost my job just months before, and my new job had cut my hours -- and I was trying to avoid the inevitable "bankruptcy". Now i wish i had just filed bankruptcy on all the stuff my ex left me stuck with back in 2002 -- then the only thing i would have is one mortgage payment and have a good bit of equity in my house...

As it is, my house is valued at $150k, which when i got this loan thru HFC it had appraised for almost $200k, and between the countrywide mortgage and the hfc mortgage, i am upside down around $20k in my home's worth.

My question really boils down to this: I live in Florida, if HFC is reporting my account as "closed - included in Chapter 7 bankruptcy", they cant even find it in their system - what can they do to me if I miss payments, or stop making payments to them all together? Seeing how they do not hold the primary mortgage on my house. I have repeatedly contacted them and the major credit bureaus without any success at all.

I do not want to lose my house, but I cant afford the $838 a month payment they slammed me with, and with the economy the way it is, i am praying i still have a job this time next year.

Any help would be greatly appreciated.


Someone please give me some guidance...

[Moe Bedard]

You would need to ask an attorney familiar with both the foreclosure laws in your state and debt collection on this one...........as the second would still have a lien secured by the property........