Legal Question in Bankruptcy in New York

second mortgage bankruptcy

Can loan modifications be altered by the loan company if the secondary loan by the same loan company is eliminated as unsecured debt during a bankruptcy later


Asked on 5/27/09, 5:24 pm

1 Answer from Attorneys

Craig Robins Law Offices of Craig D. Robins (www.BankruptcyCanHelp.com)

Re: second mortgage bankruptcy

A loan modification, if done the right way, becomes a permanent change to the mortgage and it is recorded with the County Clerk.

Thus, if you later file for bankruptcy and try to cram down the second mortgage, the mortgagee cannot revise the terms of the first mortgage, even if there was a loan modification.

For more information about cram downs and bankruptcy, please check out my bankruptcy blog: www.LongIslandBankruptcyBlog.com

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Answered on 5/28/09, 9:26 am


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