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Removing security (house) from the second note

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    Removing security (house) from the second note

    I heard somewhere that when the first exceeds the value of the house there is a way to have the second changed from "secured" to "unsecured". I am in CH 7 and my first is 395,000 my second is 100,000 and the appraisal is 360,000 (740,000 3 years ago!).
    I want to keep my home and the lender is open to reducing the principal to the appraisal but then I still have the second that would kill the negotiation ... input?

    Thanks!

    #2
    The only way to strip the 2nd is, in a Chapter 13.
    What you are proposing isn't allowed in a Chapter 7.

    Comment


      #3
      keepmine is correct. You can't strip a lien in a Chapter 7 just because it isn't "secured" by your home. In your particular situation, you'd either need to do a Chapter 13, or you need to surrender your home in Chapter 7. It is not worth it to keep a home that is underwater by over 37%.

      Now, there are some tactical things and strategies you could employ in a Chapter 7. These strategies may allow you to settle the second for around 10% if you have that much cash left after exiting Chapter 7.
      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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