Home Buyer News

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

Before last December’s amendment of the Bankruptcy Rules (discussed in Part I of this series), the Bankruptcy Code itself was amended and likely will have a more significant effect on Chapter 12 plans. knowing that many chapter 13 trustees also serve as their districts’ Chapter 12 trustees, Larry Ahern follows his analysis of the amended Rules in Part I with an analysis of that 2017 amendment of.

For some homeowners, however, there may be another option. In bankruptcy it is possible to eliminate second mortgages and lines of credit. That’s right. We call it "stripping off" the mortgage from the property. And if the strip off is successful, the homeowner never pays that loan again. Obviously, this can be of great benefit.

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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Lien Stripping Second Mortgage in Chapter 7- Florida. an opinion ruling that debtors in a Chapter 7 bankruptcy can "strip off" the lien of a second mortgage if the fair market value of the underlying property is less than the outstanding amount of the first mortgage. For homeowners residing.

Since the value of the home is less than the amount owed on the first mortgage the homeowner could strip off the second mortgage and never pay it again. If successful the homeowner would end up with a home that is still a bit underwater (only $10,000), but not the $110,000 he or she was underwater before filing bankruptcy.

Erase your second mortgage and the only debts you should pay in bankruptcy There are opportunities under Chapter 13 that may be a benefit for people who could. Strip-off a Second Mortgage on Principal Residence – If your second.

The Answer is Yes in the Middle District of Florida.. The Debtor's property was subject to a first and a second mortgage. The parties to the case agreed that the value of the home was less than the amount owed on the first mortgage.. could only "strip off" a second mortgage in a filing under Chapter 13 of.

Walter Shuts Down RMS, S1L Reverse Mortgage Originations – Walter Investment Management Corporation (NYSE: WAC.BC) kicked off the year by leaving the. which filed for Chapter 11 bankruptcy.

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