Can a 2nd mortgage be stripped in a Chapter 7?

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The 2nd is $50,000 and the first is $197000 but the home is valued currently at $85000. I have no other assests.

Attorney Answers

4
Dorothy Bunce ·
No, lienstripping is only available in Chapter 13.
0 upvotes
Edna Straus ·
If foreclosure is immanent you may be able to negotiate something with the second, If the first forecloses the second loses it's lien and they know that. Depends on who the lender is and how large the second (a HELOC I am guessing?) is.
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Michael Kinzer ·
Generally not. But there are one or two judges around the country that have allowed it. See a local bankruptcy attorney to see if any of the judges in your distict have ruled this way.
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Mitchell Goldstein ·
The 4th and 6th Circuits have said no. The Bankruptcy Appellate Panel in the 9th said no. You live in the 9th. [This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
0 upvotes