2nd Lien stripping in Arizona

[iam40]

Hello,

Has anyone had any luck in lien stripping a 2nd in Arizona? I heard that recently Arizona is allowing this but would like to hear of any recent experience. I am trying to decide on keeping my home or including in Bankruptcy , so 13 or 7. I am about 100k upside down on my home and in an adjustable mortgage/interest only. Any thoughts/advice are appreciated.

[becky20]

My attorney recently sent me this note:

Since we last discussed avoiding 2nd mortgage liens there has been a 9th Circuit decision and the Arizona courts are now allowing second mortgages to be discharged. This would require a separate Motion and Hearing.

I've decided not to pursue this option and instead am surrendering the house so I don't know how difficult or how much is involved but when we first filed we were told thta Arizona was NOT doing lein stripping on 2nd mortgages but that has since changed...

[justbroke]

I'm not in the 9th Circuit (I'm in the 11th Circuit), so don't know how it's going in Arizona yet. However, the lien stripping, if it's by Motion, is done so with a hearing and it's a pretty simple process. The key is, having all the right paperwork, so it's difficult for the lender to challenge. That means, getting a REAL professional appraisal and submitting that with an unsworn affidavit as to the value.

[indebt00]

we are in AZ and doing a 3rd mortgage strip. We are getting an appraisal done to show value and the lawyer had to file a separate motion, etc.
We are not filing for 60+ days so....not sure on how it will work out.