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While this decision comes as no surprise, it will undoubtedly have an effect on bankruptcy filings. Specifically, debtors can still seek refuge in Chapter 13 bankruptcy proceedings to strip off a second mortgage. This decision will likely divert many debtors from Chapter 7 and may result in a rise in Chapter 13 filings.
Still, with Oregon’s foreclosures running at unprecedented levels and the federal government’s mortgage modification program proving a cumbersome disappointment, the "second lien strip" strategy could.
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One of the great benefits of a Chapter 13 case (and, as discussed. ability to ” strip,” or remove, a second or junior lien from your house if. line of credit, and can focus on paying off only the first mortgage.. The appraisers will have the opportunity to justify their value and critique the other side's appraisal.
Because the second mortgage is no longer secured, you can strip it off. You cannot strip off a second mortgage that is partially secured by your equity in the home. This means that if the value of your house is enough that even part of your second mortgage would be paid out of a sale, it is partially secured and the second mortgage cannot be removed through bankruptcy.
More and more homeowners are having difficulties meeting their mortgage. up on past-due mortgage arrearages and strip off “underwater” second mortgages.. For a homeowner who has no realistic chance or desire to “save the house”,. New Hampton, Florida, Highland Mills, Sugar Loaf, Campbell Hall, Maybrook,
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Lien Stripping Second Mortgage in Chapter 7- Florida. an opinion ruling that debtors in a Chapter 7 bankruptcy can "strip off" the lien of a second mortgage if the fair market value of the underlying property is less than the outstanding amount of the first mortgage. For homeowners residing.
When property values dropped, homeowners suddenly had no home equity to cover the mortgages now burdening them. The Bankruptcy Code 506 permits a debtor to "lien strip" and remove second and third mortgages if the value of their property is at least $1.00 less than the balance of their first mortgage.
Our Florida clients sometimes ask me why they cannot strip off a second mortgage in a Chapter 7 like often done in a Chapter 13 bankruptcy nowadays. The limitation can be found in the United States Supreme Court’s decision in Dewsnup v. Timm, 502 U.S. 410, 417 (1992).