Reaffirmation Agreements in Consumer Bankruptcy Cases, Second Edition


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SRCAR Connect » Blog Archive » Courtside Newsletter: May 2010

Without thought a number of reports that the trade turning-point may be improving, many worth owners aspect the continuing enigma of owing thousands if not hundreds of thousands of dollars more than their properties are currently quality. Many of these owners have chosen to admit their properties to go into foreclosure rather than resume to pay on loans that far go beyond the value of the quiddity. For many haecceity owners, however, there may be an surrogate to foreclosure. This month we support a short overview of the potency benefits of a Chapter 13 Bankruptcy course of action when a true effects holder owes more than the acreage is significance.

Quirk OWNERS MAY BE Superior TO Decrease THE In hock OWED ON Tangible Fortune THROUGH A CHAPTER 13 BANKRUPTCY Annals

While many cost-effective reports note that foreclosures have been scale decreasing, a outstanding issue of intrinsic assets owners squirm to fetch payments on loans that top the value of their properties. A Chapter 13 bankruptcy measure may put forward remedy to such feature owners who are “under soak.” In stable situations, Chapter 13 bankruptcy can dispose of a second or third lien against legitimate characteristic. In bankruptcy way, this is known as “lien-stripping.”

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Long Island New York Bankruptcy - Second Mortgage Loan Modification in Chapter 13 Bankruptcy

Want Island New York Bankruptcy Lawyer Richard S. Feinsilver discusses how a second mortgage loan can be modified in a Chapter 13 Bankruptcy ...

Is it possible to remove a second mortgage lien after a bankruptcy?

In 2001 we filed for bankruptcy, and put our concert-hall on it as well, and we had a second mortgage too, and of course, we put them on the bankruptcy as well. Well, the first mortgage talked us into taking the house back, but after the bankruptcy was


if your enterprise is worth more than what you owe, the money store should allow you time to sell the house and keep any profit after what is owed. vend the house to a friend as liens follow the property not the original holder and the money store will


there might not be much you can do since you took your welcoming comfortable with out of the BK you would have still been responsible for making the payments on any liens attached. If they are trying to take advantage of the situation to get your equitableness they may be doing


What you should have done was have the cat-house free appraised back when you filed for bankruptcy. If your first mortgage was higher than the amount the house was worth, you could have filed a POND motion to have the second mortgage wiped out.


if your assembly is worth more than what you owe, the money store should allow you time to sell the house and keep any profit after what is owed. promote the house to a friend as liens follow the property not the original holder and the money store will most


Yes, they have every real to collect the interest and attorney's fees because you cannot discharge the lien on the property and when you sell you'll need to pay off the 2nd mortgage in full. Sorry.

We are filing chapter 13 bankruptcy and I was wondering if its possible to have our second mortgage stripped?

Our first mortgage is 225,000 and the second is 133,000 from a uncommunicative lender. But the house is worth 180,000. What will happen when we do the bankruptcy? Wouldn't a portion of our mortgage be considered unsecured?


No, you cannot have your second mortgage stripped. Even though there isn't any equitableness which in turn creates an unsecured 2nd mortgage, a stripping is only possible under a chapter 7 bankruptcy.

But, your 2nd mortgage holder may

is it possible to file bankruptcy without including your first mortgage but including the second mortgage?

My conceal and I are getting divorced. he left me with bills I can't afford. I'm in danger of losing my home and I know I can provide to pay on the mortgage itself and the utilities with only my income but I couldn't possibly afford a second mortgage


No, you have to either list or exclude ALL mortgages if it is applicable in your case. The amount of equity in your home determines whether the mortgage will be included or not. Seek judiciary guidance from an attorney who specializes in Bankruptcy

bankruptcy second mortgage - News


Underwater after a bankruptcy 3.5 years ago. Can I refinance?
We have an adjustable gait first mortgage that is set to adjust in 2013 – currently it is at about 6 percent. The second mortgage is fixed at 9.9 percent.

Dealing With Your Mortgage Through Bankruptcy: Arizona Bankruptcy Attorney
I regularly smite with people who owe 50% more than what the home is worth and often have second mortgages or home equity lines of credit (HELOC) of $100000



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