Quick and Easy Application & Approval. You can apply for a mortgage anywhere at any time, online, in person, or over the phone. Strip Off: When Bankruptcy and a Second Mortgage Are an Opportunity for Florida Homeowners Strip Off: When Bankruptcy and a Second Mortgage Are an Opportunity for florida homeowners. rbi governor shaktikanta Das on Saturday said revised guidelines to deal with.
Bankruptcy Fees; Bankruptcy Videos; FAQs; Bankruptcy Services. Chapter 7 bankruptcy. qualifying for Chapter 7; Means test; chapter 13 Bankruptcy. Qualifying for Chapter 13; Stripping a Second Mortgage; Chapter 13 for Small Business Owners; Differences Between Chapter 7 & 13; Foreclosure Defense. Real Estate and Bankruptcy; Florida Foreclosure.
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Because the second mortgage is now unsecured, it can be stripped off during bankruptcy, thus eliminating the homeowner’s liability to pay this second mortgage. In the past, many jurisdictions only permitted individuals to strip second mortgages during Chapter 13 bankruptcies, which is the form of consumer bankruptcy in which the debtor is subject to a repayment plan of three to five years.
The justices ruled in two Florida cases that bankrupt homeowners can’t "strip off" a second loan even if they are underwater on the first loan. Both cases involved property owners who were allowed.
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.
In Chapter 13 bankruptcy, some homeowners can get rid of a second mortgage or home equity line of credit (HELOC) in a procedure known as "lien stripping." Keep in mind that lien stripping was more common during the foreclosure crisis when the real estate market was in decline.
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In bankruptcy, specifically a Chapter 13, we can strip a second mortgage. But the court cannot require a first mortgage company on a primary home to reduce the principal balance on their home. Implying otherwise, is simply misleading and inaccurate.
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