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Right to payment of 2nd mortgage holder after stripping second mortgage

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    Right to payment of 2nd mortgage holder after stripping second mortgage

    In the Chapter 13 plan, is the second mortgage holder, after stripping the second lien, entitled to the percentage of payment that unsecured creditors like credit card companies get, or is the second mortgage holder entitled to nothing?

    #2
    In all districts, the 2nd mortgage WILL share in the percentage distributed to general unsecured creditors (assuming the lender files a proof of claim). In many districts, the 2nd mortgage holder is entitled to what is known as "Adequate Protection" payments. AP payments are a token amount that gets paid (ahead of unsecured creditors) to compensate them for the risk that the chapter 13 plan will ultimately fail.

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      #3
      Thank you. Excellent and informative answer.

      Comment


        #4
        HHM,
        Are the atttorney's fee's that are included in a Ch. 13 plan considered "Adequate Protection" payments? Those are generally the first fee's that get paid out, right?
        The information contained in this post is NOT to be taken as legal advice. I am not an attorney and my posts are for general information and educational purposes only. If you need legal advice, please contact an attorney.

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