Legal Question in Bankruptcy in California

I am working on a modification on a first and second mortgage. i want to file ch 7 to free up the money i need to keep my home. i am in foreclosure and possibly approaching a sale date. can a second mortg be discharged if the house is under value


Asked on 2/02/10, 11:01 pm

1 Answer from Attorneys
Norma Duenas Southern California Law Advocates

In a Chapter 13 bankruptcy you can strip the second mortgage off your home, if the value of the home is at or below the first mortgage. In order for you to remove the second mortgage from the property in a Chapter 13 bankruptcy, you must complete the plan. In a Chapter 7 bankruptcy you cannot strip the second mortgage off the property. Also be aware that depending on where you are in the loan modification process, the loan modification process may be void once you file for bankruptcy. If you need further assistance you may contact me through http://www.socaladvocates.com

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Answered on 2/07/10, 11:36 pm


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