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Foreclosure Law

Strip Second Mortgage

Strip a second mortgage

The ability to strip off a second mortgage in bankruptcy is one of the most powerful tools bankruptcy law provides. In a Chapter 13 bankruptcy you can strip off, or avoid, a second mortgage, home equity line of credit, or other junior lien and never owe a penny on that debt again. That means your obligation to pay back that second mortgage is permanently discharged, i.e. wiped out. The second mortgage lender can never try to collect from you after the Chapter 13 case is done. Also, and equally important, the lender must re-convey the second deed of trust...

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Mortgage Modification In Bankruptcy

Mortgage modifications in bankruptcy at Law Offices of Brian Barta

For several years now, at least since the real estate market downturn in 2006, homeowners have struggled to modify their underwater mortgages. Most homeowners have failed at successfully obtaining a modification because home loan lenders initially weren’t set up to do modifications. Mortgage lenders would represent to borrowers that the various programs were available, but in fact getting a modification was nearly impossible. Borrowers applied through the Keep Your Home California program, the HAMP program, the HARP program, and other government sponsored or instituted modification systems, but the lenders did not have the staff, resources, or desire to...

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California Homeowners Should Avoid Zombie Property Ownership

Many California homeowners do not realize they may still be financially responsible for homes that have been foreclosed or liquidated during bankruptcy. Home foreclosures increased in California during the first quarter of 2014, with almost 20,000 default notices filed, according to KCRA News. Many homeowners who are anticipating foreclosure in Santa Rosa may believe that, if they do receive notice, all they can do is vacate the property and let the bank complete the foreclosure. Unfortunately, homeowners who do this risk being left responsible for a zombie property and all of its associated expenses. Unexpected Burdens Zombie properties are properties in foreclosure that...

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