Question
Can I get the second mortgage lien off the property title?
I have filed and discharged a bankruptcy in California. I have reaffirmed the first mortgage. The second mortgage is still on title. The value of the property does not even cover the first mortgage. I am under water well over what the second lien was. Can I get this off of the title to the property?LawQA.com Answer Library
Answered By: Janet A. Lawson Bankruptcy Attorney
That is a subject of debate. Some courts might let you file a Chapter 13 to do that, others will not. You could try reopening the chapter 7 and converting to Chapter 13 if it the second was underwater when you filed the Chapter 7. Better see a lawyer about this.
Answer Applies to: California
Replied: 8/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of L. Paul Zahn
You cannot strip a second off a home in chapter 7.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bird & VanDyke, Inc.
Filing a chapter 7 discharges the second loan but does not strip the lien. So you still have this lien against your home. You could file a chapter 13 4 years after filing a ch 7. You could also attempt to negotiate the lien with the second loan co. Offer them maybe 10% or threaten to walk away from the home.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Diefer Law Group, P.C.
In California, you can file a chapter 13 to remove (strip) the second deed of trust from a home when the property is worth less than what is owed to the Fist Deed of Trust. In your case, the issue will become what type of case you already filed. If you filed a chapter 7, then the second still survives the bankruptcy case. Depending on when you filed your case, you might be able to file a chapter 13 and get the second removed.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bankruptcy Law office of Bill Rubendall
Junior liens can be stripped in chapter 13 but not chapter 7.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Judith A. Runyon, Esq. Attorney at Law
No and you should not have reaffirmed the first mortgage.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Schreiber Law Firm
Liens are not removed in bankruptcy. To remove a lien you need to pay the lender the full amount due or any lesser amount it is willing to take to release the lien.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 8/22/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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