Legal Question in Real Estate Law in Nevada

Based on the Making Home Affordable modification program;

Can you put a 'deferred' portion of the mortgage into a Chapter 13 Bankruptcy?

i.e., home value is $450,000

amount owed is $709,000

Mortgage company wants to defer $259,000 for five (5) years

or, could it later be eliminated thru a Chapter 7 Bankruptcy?


Asked on 2/07/11, 11:11 am

1 Answer from Attorneys

If you want to pay the deferred portion of your mortgage off through a Chapter 13 bankruptcy, it will require you to pay this off over a 5 year period of time. How will that help you?

Unfortunately, although you can discharge your mortgage debt in a Chapter 7, in order to keep the property, you have to continue to pay 100% of the mortgage.

If you have a second mortgage, you may be able to lienstrip in a Chapter 13. For more information about lienstripping, go to www.lienstripping.com

Hope this perspective helps!

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Answered on 4/19/11, 12:17 pm


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