CA CHAPTER 13 & "LIEN STRIPPING"

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We own a house in Daly City in which we live in. My husband is in sales so we are having a hard time financially. Our mortgage is set to go up in January 2009. We bought the house for $710,000 and now houses on our block are selling for $450,000-$500,000. We were thinking of filing Ch. 13 bankruptcy & heard about lien stripping. Can you give me information & advice on this please. Thank you.

Attorney Answer

1
Kevin Johnson ·
Lien stripping in bankruptcy involves taking a lien off a piece of real property that is no longer able to be secured. Usually this is done with second mortgages, whereby the first mortgage holds 100% of the appraised value of the home, so that if the house is sold there will be zero dollars for the second mortgage. If the value covers the first mortgage and even the a percentage of the second mortgage cannot be stripped., then the lien
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