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Trying to lien strip -

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    Trying to lien strip -

    Hi All,

    Does anyone have experience with whether or not second mortgage lenders usually object to lien strips, or mostly let it through? I am right on the cusp of my second loan being wholly unsecured however, an argument can be made that it is secured by a small amount (maybe 10% of the loan).

    The lender is CW and we have not heard from them yet. I will be submitting an appraisal showing its unsecured , so hopefully will go through.
    Anyone successful at stripping?

    #2
    Second mortgage lenders in most Districts don't question lien strips in Circuits (U.S. Circuit Court of Appeals) where there is good caselaw that allow lien strips. I did a lien strip pro se in Florida on my 2nd mortgage. I did this by negative noticing (meaning no response from the lender can be deemed as a consent). They never responded. I wrote an Order granting the lien strip 30 days later! Not a peep from the lender.

    It has more to do with the District you're in than what lender it is. (Although Credit Unions are strange beasts and I like to call them the "ankle biters" of the credit world.)
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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