High court rules 2nd mortgages can’t be voided in bankruptcy

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You can’t be sued after Chapter 7 for your second mortgage, but you still owe if you want to own your home outright.. After bankruptcy, do I owe on 2nd mortgage? Justin Harelik @Westgate_Law .

Avoiding Liens In Bankruptcy.. In the example above, if the house was worth $250,000, the mortgage was $175,000 and the homestead $50,000, the lien would be reduced to $25,000 and $40,000 of the lien is avoided.. the debtor can sue in the bankruptcy court to recover the property.

What to Expect at a Chapter 7 Creditors Meeting findings of fact and conclusions of law pursuant to Federal Rule of Bankruptcy. Procedure. The Second Mortgage was also assigned by MERS to Wells. fargo bank. satisfaction- plaintiff filed a complaint in the Superior Court of the. State of.. A. DEBTOR MAY A VOID THE LIEN ON THE PROPERTY.

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The debtors sought bankruptcy protection under Chapter 7 and asked the court to void (or "strip off") the second mortgages. The bankruptcy court granted the motions. Bank of America appealed to the U.S. 11th Circuit Court of Appeals in Atlanta, which upheld the bankruptcy judge’s decisions.

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A unanimous Supreme Court ruled Monday that homeowners who declare bankruptcy can’t void a second mortgage even if the home isn’t worth what they owe on the primary mortgage. 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.

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Bankruptcy Court granted the motion, and both the District Court and the Eleventh Circuit affirmed. Held: A debtor in a Chapter 7 bankruptcy proceeding may not void a junior mortgage lien under §506(d) when the debt owed on a senior mortgage lien exceeds the current value of the collateral if.

It depends on what type of bankruptcy you filed, what kind of loan you are pursuing, and how long a “waiting period” is involved, but if you get your financial house in order – specifically repair the damage to your credit score – you could walk into a new home not long after you walk out of bankruptcy court.