Stripping Mortgage Liens From Property

How is it done?

Lien Strip of Mortgages

Through Chapter 13 Bankruptcy you can strip any junior mortgages from your property if the property is valued at less than the balance of the senior mortgages. 

 

To accomplish this, your attorney must file a Motion to Value your property below the balance of your first mortgage.  This will take an appraisal or other sufficient evidence to evaluate the value of your property.

 

If the court determines the property to be worth less than the balance of the first mortgage, then any junior mortgages will be "stripped" from the property and treated like unsecured debt.  Thus, your 2nd mortgage will be lumped together with all your credit card debt and be non-priority unsecured debt in your chapter 13 plan.  

Hire an attorney experienced in stripping liens

The process of stripping a lien from a property through Chapter 13 Bankruptcy is complicated and requires special knowledge of local court procedures and rules.  It is important to hire an attorney experienced with these motions, rules and local judges' procedures to ensure that your motion is granted.

 

Attorney Brian Mason has succussfully completed more than 50 motions to strip liens from property.  In fact, his success rate on motions to strip liens is 100%, even in cases where the creditor attempted to contest the motion!

Recent Case Results

Click here to see our recent results in Bankruptcy law, including stripping second mortgages.

Do you have questions or do you want to make an appointment?

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