Strip Off: When Bankruptcy and a Second Mortgage Are an Opportunity for Florida Homeowners

both won before the regional appeals court that oversees Florida. The 11th U.S. Circuit Court of Appeals ruled that homeowners in Chapter 7 bankruptcy can void – or in bankruptcy terms “strip off” – a.

Bankruptcy records in the Middle District of Florida, which includes the tampa bay area, show that 2,349 motions to strip. to get the second mortgage eliminated. In his case and a similar one.

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While this decision comes as no surprise, it will undoubtedly have an effect on bankruptcy filings. Specifically, debtors can still seek refuge in Chapter 13 bankruptcy proceedings to strip off a second mortgage. This decision will likely divert many debtors from Chapter 7 and may result in a rise in Chapter 13 filings.

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"Our home was an opportunity to get a boost in life." Instead, it became a black hole. Juman worked as a mortgage. Florida, judges have to sign off on every foreclosure. To speed the process, Lee.

Eliminating Second Mortgage Debt in Chapter 13 "Lien Stripping" – Read the Bankruptcy legal blogs that have been posted by Attorneys on Lawyers.com

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Homeowners had $9.18 trillion in mortgage debt at the end of the first. Jenn Zepernick, a property manager in Orlando, Florida, and her husband waited until they had paid off their student debt,

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Can Individuals "Strip Off" Second Mortgages on Underwater Homes in Chapter 7 Bankruptcy? The Supreme Court to Decide On Monday, November 17, 2014, the U.S. Supreme Court agreed to hear two bankruptcy-related cases that involve issues commonly faced by banks and homeowners with underwater mortgages in Chapter 7 cases.

 · Second, it is possible to get the unpaid, pre-bankruptcy filing balance on your HOA discharged. This is done by filing a motion or lawsuit against the HOA. There is a precedent in Northern District of Georgia for discharging pre-petition HOA arrears.