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

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"Lien stripping" in Chapter 13 bankruptcy allows certain homeowners to get rid of a. If your house has gone down in value since you bought it, a Chapter 13. You can only strip your second mortgage or other junior liens if the amount of the senior. However, if you live in Alabama, Florida, or Georgia, you might be able to.

Strip Away Your 2nd Mortgage Using Chapter 7 Bankruptcy WASHINGTON (AP) – Nov. 17, 2014 – The Supreme Court said Monday it will decide whether homeowners who declare bankruptcy can void a second mortgage if the home’s market value has dropped below the amount they owe on the first mortgage. The justices will consider two appeals from Bank of America, which asserts that bankrupt homeowners should not be able to "strip off" a second loan even if.

As discussed earlier, only Chapter 13 allows homeowners to strip second mortgage liens. In order to strip a second mortgage, the Bankruptcy Code ( Section 1322(b)(2) ) requires that the lien be 100% unsecured, meaning the first mortgage balance is more than the home’s fair market value.

2015-06-01  · . in Florida, where many homeowners have struggled. or in bankruptcy terms “strip off” – a second mortgage when. which is the second mortgage.

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While lien stripping allows the debtor to “strip off” a wholly unsecured debt, a similar,. as it is the Supreme Court's first chance to revisit the analysis in Dewsnup, and. permit a strip off of a wholly underwater second mortgage on the debtor's home. School of Law (2016); BSAc and MAcc, University of Florida (2013).

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.

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