Mortgage Debt And Home Equity Loans
A mortgage is a secured debt; the home is collateral for the amount you owe. Second mortgages, home equity loans or home equity lines of credit (HELOC) are also secured by your home. However, if your home is only worth enough money to secure the first mortgage, any additional mortgages are considered unsecured and can be stripped from your property in bankruptcy.
If your second and/or third mortgage becomes unsecured or undersecured, they can be removed from the property and discharged. This process can be complex. But our attorneys are more than familiar with the process and we will be your guides if this option is available to you. If it is not, we will use our resources and experience to find other solutions for your specific situation.
At Weintraub & Selth, APC, we focus exclusively on bankruptcy and debt relief. Our attorneys have nearly seventy years of combined experience in this area of the law and we are prepared for even the most complex cases.
Lien Stripping Second And Third Mortgages
Discharging second or third mortgages in bankruptcy is called lien stripping. It can be an effective means of reducing a significant amount of your debt and reducing your monthly payments.
If your real property values have decreased so much that the property is only worth enough to secure the first mortgage, we may be able to strip the second mortgage from your property and discharge it in bankruptcy. Second and third mortgages that are not secured by the property may be eliminated.
As an unsecured debt, a second or third mortgage can be discharged in Chapter 11 or Chapter 13. Even people with high levels of income and/or debt may be eligible for lien stripping. We will facilitate the lien stripping process and be your advocates as you achieve debt relief. To decide which chapter of bankruptcy is better for you and what method of debt relief is most feasible, speak with one of our attorneys.
Filing bankruptcy and discharging a second or third mortgage is one way that homeowners and other real estate owners can save their homes and investment properties from foreclosure. We can discuss further foreclosure prevention strategies when you contact us for a consultation. Weintraub & Selth offers comprehensive debt relief legal representation and we have many tools in our “toolbox” to help you.