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Yes – you can modify your home mortgage in a Chapter 13 Bankruptcy by Stripping Off The Second Mortgage and other junior liens. today, you can modify your home mortgage in two ways: Get a modification from the lender or file a Chapter 13 bankruptcy and attempt to strip off the second mortgage on your home.
Through a Florida chapter 13 bankruptcy filing, a homeowner may be able to strip the debt from a second mortgage or home equity line of credit (HELOC) off of their home, bringing the amount owed more closely in line with the current value of the home.
Struggling with debt but fully employed? Chapter 13 bankruptcy might be able to help you. Call Oaktree Law and speak with a Los Angeles bankruptcy attorney!
This means that you gave that creditor a mortgage on the home or put your other property up as collateral for the debt. Bankruptcy does not make these security interests go away. If you don’t make your payments on that debt, the creditor may be able to take and sell the home or the property,
As discussed earlier, only Chapter 13 allows homeowners to strip second mortgage liens. In order to strip a second mortgage, the Bankruptcy Code ( Section 1322(b)(2) ) requires that the lien be 100% unsecured, meaning the first mortgage balance is more than the home’s fair market value.
Bankruptcy records in the Middle District of Florida, which includes the Tampa Bay area, show that 2,349 motions to strip. to get the second mortgage eliminated. In his case and a similar one.
Oral arguments in Bank of America BAC vs. Caulkett ostensibly focused on whether the 11th Circuit Court of Appeals should have allowed David Caulkett and a second plaintiff to dispose of their second mortgages in bankruptcy. Bankruptcy courts let them off the hook after determining there was no way the lenders could collect because the properties were worth less than even the first mortgage standing in.
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A Junior Mortgage Must Be Underwater. Your property is now worth $115,000. The value of the property will cover your first mortgage and at least a part of your second mortgage. The third mortgage, however, is completely unsecured. You can strip off the third mortgage in a Chapter 13 bankruptcy.