Nolo Book - Lien Stripping

[UpsideDownMI]

Does the Nolo book cover lien stripping? In my district (Eastern Michigan) an adversary proceeding is required to lien strip, and I was thinking of purchasing the book if this was covered in it so I can asses how much work is involved if I decide go pro se.

[justbroke]

No, it doesn't cover lien stripping. More importantly, if your District requires lien stripping to be done by complaint (Adversary Proceeding), it's beyond the scope of that book.

You are better off checking your District's Court Calendar... find some cases for "Complaint" or "Motion To Determine Secured Value", and then pull them up in PACER and save them off. A complaint has a very particular format, so...

[HHM]

First, since lien striping requires a chapter 13, you ought not go pro se anyway; chapter 13's have enough pitfalls without a lien strip issue. Since your district requires and AP to lien strip, that is a huge learning curve.

But in reality, if the valuation is a no brainer, an AP is not terribly complicated. However, first and foremost, you will need a real estate agent or real estate appraiser willing to sign on the dotted line and give you an affidavit as to your homes value and be willing to testify in court if necessary. For a lien strip, YOU must prove that the home is worth less than is owed on the first mortgage.

Don't be a penny pincher or cheap skate when it comes to this, if you are filing chapter 13, you can afford an attorney...if you really can't afford an attorney, than even with a lien strip, you cannot afford you home...so let me blunt, you are being stubborn or stupid by not hiring an attorney for something as important as your financial recovery.