High court rules 2nd mortgages can’t be voided in bankruptcy

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You can’t be sued after Chapter 7 for your second mortgage, but you still owe if you want to own your home outright.. After bankruptcy, do I owe on 2nd mortgage? justin Harelik @Westgate_Law .

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But compared with residential, commercial mortgages are frequently renegotiated either in or out of Bankruptcy Court as banks and other lenders have little choice except to compromise. The.

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WASHINGTON – A unanimous Supreme Court ruled Monday that homeowners who declare bankruptcy can’t void a second mortgage even if the home isn’t worth what they owe on the primary mortgage.

Consumers Can’t Void Second Mortgage In Bankruptcy, SCOTUS Rules. According to the bank, there remains a possibility that the second loan would be repaid if the property’s value rose in the future. The company also claimed that after the Circuit Court ruling, hundreds – if not thousands – of struggling homeowners had moved to nullify their second loans, the AP reports.

WASHINGTON (AP) – A unanimous Supreme Court says homeowners who declare bankruptcy can’t void a second mortgage even if the home isn’t worth what they owe on the first mortgage. The justices.

What Happens If A Creditor Contacts Me After My Bankruptcy? In some cases, homeowners could also have their loans declared unsecured debt by a bankruptcy court. up in the second month. That’s misleading.” Defense lawyers say that argument is unlikely to.

Lien stripping is a Chapter 13 bankruptcy tool that allows people who are upside down (meaning your mortgage exceeds the value of your house) on their house to get rid of their junior liens such as second or third mortgages. Through a lien strip, the bankruptcy court essentially takes your second mortgage (which is a secured debt where the.

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But one of your very first executive orders makes it harder for those families to even afford a mortgage. Then you started rolling back rules that provide oversight. t offer insurance or that they.

A South Carolina Bankruptcy court decision by the Honorable John E. Waites, chief bankruptcy judge, found the entire balance of a reverse mortgage could be paid off over the five year life of a chapter 13 plan according to Law Bankruptcy Network.. In the case of Brown, 2010 WL 1903771, the debtor and her daughter had lived in the home belonging to the debtor’s mother for forty years.