You can view the case here. If you file for Chapter 7 bankruptcy, you cannot get rid of second mortgages, home equity lines of credit (HELOCs), or home equity loans. Filers in the Eleventh Circuit Court of Appeals, are no longer able to strip off (remove) these types of liens in Chapter 7 bankruptcy.
First you need to pay off your entire mortgage. Then you need to buy the bond that is. and shadow inventory there are millions more beyond even that. There are homeowners that have simply stopped.
A Debtor enters into a Chapter 13 to partially repay his or her debt.. explanation of how the debtor intends to straighten out his financial mess.. 13 nowadays is the ability to strip second mortgages if the value of the home is. In May 2012, due to new caselaw, a second mortgage can now be stripped.. Tampa, FL 33606.
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Here is a calculator to show you how low your chapter 13 payment could be. Minimum. (second mortgage, home equity line of credit, etc – unless you plan to strip them off – review this. Because you can “cram down” cars and other loans in a chapter 13, but not in chapter 7.. It's an opportunity that you don't want to miss.
But Bank of America, which is the second mortgage holder in both cases, argued in court papers that the approach taken by the 11th Circuit was different than other appeals courts around the country. The cases are Bank of America v. Caulkett and Bank of America v. Toledo-Cardona, U.S. Supreme Court, Nos. 13-1421 and. 14-163.
Chapter 13 bankruptcy discharges mortgage debts, and allows homeowners to strip off mortgage liens. Mortgages have two components: a debt and a lien. When the debt is discharged and the lien is wiped out (the technical term is "avoided"), bankruptcy litigators call the mortgage "stripped". Once a mortgage is stripped, it’s as if it doesn’t exist.
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13:15 ET Subscribe to our weekly e-newsletter, Top News. Supreme Court: Bankrupt homeowners can’t ‘strip off’ second mortgages. In a victory for lenders, the U.S. Supreme Court has ruled that homeowners can’t "strip off" a second mortgage in a bankruptcy proceeding if the loan is wholly underwater.