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

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Getting Rid of Second Mortgages in Chapter 13 Bankruptcy – Through a lien strip, the bankruptcy court essentially takes your second mortgage (which is a secured debt where the lender can foreclose on your property if you miss your payments) and converts it to an unsecured debt (just like a credit card debt) by ordering the lender to remove its lien from the property.

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Strip Off: When Bankruptcy and a Second Mortgage Are an. – 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.

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U.S. top court to hear Bank of America cases on second mortgages – both won before the regional appeals court that oversees Florida. The 11th U.S. Circuit Court of Appeals ruled that homeowners in Chapter 7 bankruptcy can void – or in bankruptcy terms “strip off” – a.

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Mr. Cooper – I was notified by the bank that held my mortgage on my second home in Florida that they had been bought by Mr. Cooper. So, I’m paying an extra of almost $500 a month in paying it off, and I am soon.

Chapter 7 Bankruptcy: Can it Save a Home from Foreclosure. – There are only two situations in which bankruptcy will not effectively buy time for homeowners wishing to keep their home out of foreclosure: When the Lender Files a Motion to Life the Stay: The bankruptcy court offers all creditors the opportunity to petition to continue with collection attempts by petitioning the court to lift the stay.

Can I Get Rid of Second Mortgages and Liens in Chapter 7. – 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.

Florida | In re: Dang – Chapter 13 Bankruptcy Strips Second. – Chapter 13 bankruptcy offers debtors the opportunity to strip off a wholly unsecured second mortgage on their primary residence. Most courts have held that debtor’s mortgage is stripped from his house when he completes the chapter 13 plan and gets his Chapter 13 discharge.