High court rules 2nd mortgages can’t be voided in bankruptcy

2016-11-22  · In many cases, mortgage lenders will say yes to your loan application while you are still working through a Chapter 13. For some loan programs, you may need to wait a year or two after you file to qualify for a mortgage. This article explains how to find a lender to say “yes” to your mortgage with a Chapter 13 bankruptcy.

High Court: ‘Underwater’ homeowners can’t void second mortgage By Jeramy Gordon June 01, 2015 The United States Supreme Court ruled Monday, June 1, 2015, that bankruptcy courts cannot void a second mortgage for struggling homeowners even if the first mortgage is greater than the value of the home.

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If you stay current on your mortgage payments and make up the arrears through your chapter 13 plan, the lender cannot foreclose. Stripping Off Junior Mortgages. If you have junior mortgages or a home equity line of credit (HELOC) that are no longer secured by the equity in your home, you can strip these loans off through Chapter 13 bankruptcy.

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A south carolina bankruptcy court decision by the Honorable John E. Waites, Chief Bankruptcy Judge, found the entire balance of a reverse mortgage could be paid off over the five year life of a chapter 13 plan according to Law Bankruptcy Network.. In the case of Brown, 2010 WL 1903771, the debtor and her daughter had lived in the home belonging to the debtor’s mother for forty years.

High Court: Bankrupt Homeowners Can't Void Second Mortgage WASHINGTON (AP) – A unanimous supreme court says homeowners who declare bankruptcy can’t void a second mortgage even if the home isn’t worth what they owe on the first mortgage. The justices on Monday ruled in favor of Bank of America in two Florida cases where bankrupt homeowners wanted to "strip off" a second loan because they were underwater on the primary mortgage.

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