Strip Off: When Bankruptcy and a Second Mortgage Are an Opportunity for Florida Homeowners

Eliminating Second Mortgage Debt in Chapter 13 "Lien Stripping" – Read the bankruptcy legal blogs that have been posted by Attorneys on Lawyers.com

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.

The biggest U.S. mortgage lenders, including Bank of America Corp. (NYSE: BAC), finally reached a $25 billion mortgage settlement to help homeowners – but the banks. "You get the state attorneys.

The Second World War. A significant number of elderly Americans filing for bankruptcy co-signed their children’s student loans. All this presents a political opportunity for Democrats. Four decades.

 · The Bankruptcy Court, Wendelin I. Lipp, held that a chapter 13 debtor’s ability to strip off a wholly unsecured junior lien is not conditioned on the debtor’s eligibility for discharge. Rather, eligibility for discharge is one factor the Court considers in the good faith analysis at the plan confirmation stage. Duncan W. Keir 10-24656

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In March, upon discovering that Stern’s firm had fudged an assignment of mortgage in a case before her court, a judge in central Florida’s Pasco County. involving “tens of thousands” of homeowners..

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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.

But a recent ruling by a federal court is giving Florida homeowners a window of opportunity to strip off a second mortgage, argues consumer attorney Lewis Roberts.

WASHINGTON (AP) – A unanimous Supreme Court ruled Monday that homeowners who declare bankruptcy can. they owe on the primary mortgage. The justices ruled in two Florida cases that bankrupt.

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