Legal Question in Bankruptcy in California

unsecured 2nd mortgage

is there a way to eliminate my 2nd mortgage which is no longer covered by my property--name removed--but still keep my home and belongings?


Asked on 1/07/09, 1:50 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: unsecured 2nd mortgage

If your home is worth less than the balance owed on the first mortgage, it is possible to use a Chapter 13 repayment plan to remove the second mortgage from your home. Lien stripping cannot be accomplished in a Chapter 7 bankruptcy.

To see if you qualify for Chapter 13 bankruptcy, you really need to speak with an experienced bankruptcy attorney. I suggest that you visit the website for the National Association of Consumer Bankruptcy Attorneys to find an attorney in your area.

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Answered on 1/07/09, 2:12 pm
L.A. BK Atty Leon Bayer Bayer, Wishman & Leotta

Re: unsecured 2nd mortgage

I am sorry, but I don't understand your question. Do you or don't ypou still own the property? You say your name has been removed.

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Answered on 1/07/09, 2:17 pm


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