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

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.

Bankruptcy Can Remove Mortgage Liens Against Your Home. wipe out your 2nd mortgage against your home in a bankruptcy case and. on your first mortgage, you can lien strip (remove) the junior liens on. to explore the opportunity of eliminating your junior mortgage liens.. fl. 5 Burbank, CA 91505.

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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.

Caulkett and Toledo-Cardona had both won before the regional appeals court that oversees Florida. The 11th U.S. Circuit Court of Appeals had ruled that homeowners in Chapter 7 bankruptcy can void – or.

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Why It Makes Sense to Consider Debt Settlement for Second Mortgages and. If your first mortgage is at or exceeds the market value of your house you could strip the second mortgage with a chapter 13 bankruptcy. Just worth. I’m not a fan of the school that advises to just ignore charged off second mortgages until the SOL has.

Home Mortgage: 4th Time is A Charm! A—–refers to any mortgage that is subordinate (lower in priority) to another mortgage. may be a 2nd, 3rd, or 4th mortgage. usually for a short term and at a higher interest rate than first mortgage.

WASHINGTON — A unanimous supreme court ruled monday that homeowners. bankruptcy can’t void a second mortgage even if the home isn’t worth what they owe on the primary mortgage. The justices ruled.

When you are refinancing your primary mortgage and you have an existing second mortgage or HELOC (home equity line of credit), the new lender will require to stay in “first lien position”. This boils down to who has first dibs on a property in the event of a foreclosure. Lien position is determined by the date the mortgage was recorded.

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.