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In a 7, can you file on a second mortgage

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    In a 7, can you file on a second mortgage

    But still keep your first and the house?

    #2
    My understanding is a 2nd mortgage can only be stripped in a chapter 13

    Comment


      #3
      Originally posted by wantout View Post
      But still keep your first and the house?
      Yes. Check out the posts by Relief in California(I think).

      Also, HHM gave a good run down of the process the other day in a recent thread.

      It is an "informal" lien strip in a chapter 7 because there is no real provision for it in the BK code. What people are doing is keeping their payments current on the first, but not the second mortgage. At some point after your discharge, negotiate with the second mtg for a release of lien in exchange for a lump sum payoff (5% to 10% of the balance). It is not guaranteed that the second will work with you, but because of the current economy the process has been working.
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

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