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 in two Florida.
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Lender seeks to overturn decision that allows debtors to "strip off" second mortgages Published on: November 18, 2014 | Bryan W. Stone charlotte bankruptcy lawyer Bryan W. Stone of Arnold & Smith, PLLC answers the question "What is Chapter 7 Bankruptcy?"
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Chapter 13 bankruptcy offers debtors the opportunity to strip off a wholly unsecured second mortgage on their primary residence. Most courts have held that debtor’s mortgage is stripped from his house when he completes the Chapter 13 plan and gets his Chapter 13 discharge.
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The U.S. Bankruptcy Court for the Middle District of Florida allowed the debtor to "strip off" (or void) the second mortgage. On appeal, the Eleventh Circuit affirmed. The U.S. Supreme Court reversed the Eleventh Circuit and held that the debtor may not void the second mortgage under the Bankruptcy Code.
Bankruptcy records in the Middle District of Florida, which includes the Tampa Bay area, show that 2,349 motions to strip. to get the second mortgage eliminated. In his case and a similar one.
Consumers Can’t Void Second Mortgage In Bankruptcy, SCOTUS Rules 6.1.15 2:44 PM EDT By Ashlee Kieler @akieler It’s Your Loan – Deal With It scotus supreme court bank of america loans mortgage.
In a Chapter 13 Bankruptcy, individuals have an opportunity to repay their debts under. All debtors attorneys are hopeful for a favorable ruling to allow debtors to strip a second mortgage in chapter 7 and be able to avoid the monthly Chapter 13 plan payment.
Now you may be able to strip off a second or third mortgage in a Chapter 7 bankruptcy. To see if you qualify you should consult with an experienced Orlando bankruptcy attorney. The new case may help struggling Florida homeowners who may not have been able to afford a Chapter 13 bankrutpcy.