Hi,
I'm looking into filing chapter 13 and surrendering my home in full satisfaction. The primary mortgage (Fannie Mae) has a balance of $285,000. I also have a $30,000 home equity line with USAA. The market value of the home is approximately $215,000.
I understand what *can* happen. Either USAA will not file an objection to the "full satisfaction" language and the debt will be discharged or they will file an objection and attempt to prove that 100% of the HELOC is unsecured (which shouldn't be too hard to do).
What I'm wondering is if anyone here has had experience with USAA in similar circumstances. Do they tend to put up a fight in Chapter 13 or do they usually allow the property to be surrendered without challenging it?
Thanks,
Tom
I'm looking into filing chapter 13 and surrendering my home in full satisfaction. The primary mortgage (Fannie Mae) has a balance of $285,000. I also have a $30,000 home equity line with USAA. The market value of the home is approximately $215,000.
I understand what *can* happen. Either USAA will not file an objection to the "full satisfaction" language and the debt will be discharged or they will file an objection and attempt to prove that 100% of the HELOC is unsecured (which shouldn't be too hard to do).
What I'm wondering is if anyone here has had experience with USAA in similar circumstances. Do they tend to put up a fight in Chapter 13 or do they usually allow the property to be surrendered without challenging it?
Thanks,
Tom
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