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

Because the second mortgage does not attach to any equity in the property, the lien can be avoided or “stripped” in a Chapter 13 thereby removing the balance of $100,000 at the completion of.

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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Supreme Court case can affect second mortgage discharges On behalf of Law Office of Ruth Nelson posted in Chapter 7 on Friday, November 21, 2014. In a case that could potentially affect washington consumers as well as homeowners across the nation, recently the Supreme Court agreed to consider a pair of cases involving Florida homeowners who.

As a Florida consumer bankruptcy attorney, we have been able to remove and strip off second mortgages due to the 11th Circuit’s decision in McNeal a couple years back. It is the only Circuit in the country that allows for a second mortgage lien to be stripped from homestead property.

But Bank of America, which is the second mortgage holder in both cases, argued in court papers that the approach taken by the 11th Circuit was different than other appeals courts around the country. The cases are Bank of America v. Caulkett and Bank of America v. Toledo-Cardona, U.S. Supreme Court, Nos. 13-1421 and. 14-163.

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