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Chapter 13 Mortgage Lien Strips.

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  • OUr credit union objected, then when we showed the appraisal report, they confirmed

    Comment


    • Mine was denied today! Something about "proof of service for notice of the original or cont. hearing inc. the deadline to file response was not filed"

      I read this off court doc online. When i called my atty today the said everything was fine but the courts need more time to review.

      I think atty forgot to file something and i hope he can fix it????
      Discharge date: October 2017 (will it ever get here?)

      Comment


      • LIR, I sure hope youcan make sense of that!! I am baffled! Nervous and baffled!
        Discharge date: October 2017 (will it ever get here?)

        Comment


        • Sounds like your attorney forgot to serve the bank with notice of the petition or served notice but forgot to file the proof of service. He told you the court needs more time because he doesn't want to admit the delay is his fault. Bad form, in my opinion. Mistakes happen and when an attorney makes one, he should explain to the client what happened and what they are going to do to fix it. This is very fixable and will not change the outcome of your case assuming your attorney serves what needs to be served and files what needs to be filed. He'll probably be sure that happens this time.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment


          • Thank you! I did not want to tell him that i found the court calender with outcomes for today and read about it, even though i didnt understand it! I didnt want to be confrontative. So i guess now he has to fix it and I go from here. Dang it all! Oh well, as long as he fixes it, i wont freak! But i did print out the docket info i found this morning jic! Thank you so much!
            Discharge date: October 2017 (will it ever get here?)

            Comment


            • Resched for April. Almost there! Thank goodness the timeclock starts with the first payment to trustee!!!
              Discharge date: October 2017 (will it ever get here?)

              Comment


              • I have read through most of the posts, but I have a question. Sorry if it has been asked already.

                I am filing chapter 13 and am claiming a homestead exemption. With the equity and exemption I will be very close to the value of the house. There is a lien from a judgement (loan default). I have filed to have the lien stripped and converted to an unsecured creditor. The creditor filed an objection and is demanding their own appraisal. They are even claiming that my homestead exemption is not valid but they don't have a reason why it's not valid, but they want to investigate to find one (weird).

                If their appraisal is above the exemption will they be able to keep a reduced lien on the house and accrue interest until paid outside the bankruptcy or will that difference be paid over the chapter 13 payment period?

                Also, what is the usual outcome when 2 parties disagree on the value of the home? Is the judge more likely to side with the creditor's lawyer/appraiser?

                Housing values are all over the place right now and I am sure the creditor's lawyer will do whatever possible to inflate the apparent value. It seems that allowing a lien to remain after bankruptcy defeats the entire purpose of bankruptcy. Thanks for any insight/advice.
                Last edited by Delesh; 02-28-2013, 03:25 AM.

                Comment


                • Delesh, I am afraid the creditor is correct. The homestead exemption plays NO role in calculating the lien strip.

                  To do a lien strip, the value of the home must be less than the balance due on 1st mortgage, not less than 1st Mortgage + Exemption. Sorry.

                  It sounds like you are pro se (without an attorney), so the court will probably cut you some slack, but if an attorney brought such a lien strip, the attorney would probably be sanctioned. Hopefully the court won't order you to pay the opposing counsels attorney fees for defending your lien strip.
                  Last edited by HHM; 02-28-2013, 02:23 PM.

                  Comment


                  • Hi HHM,
                    Sorry, I am not good at explaining the situation. Just to clarify, it is not a second mortgage that is being stripped. It is a judgement lien (involuntary). As far as I understood, the lien could be avoided if it infringes any exemptions. Since my mortgage (1st and only) plus my exemption is close to the value of my home the judgement will most likely infringe at least part of that exemption and so would at the very least be reduced. I am guessing that the creditor who owns the lien is trying to show an increased value of the house to keep whatever they can as a lien on the house. I am wondering what would happen if they succeed and the lien is reduced. Would I have to pay them outside the bankruptcy or would that money be folded into the payments I make?

                    Comment


                    • Oopps, sorry. I didn't fully read. You are correct, under 522(f)(1)(A) a judicial lien can be stripped from a home if the lien is impairing the exemption.

                      Be prepared, if this goes to hearing, you will need to have whoever did your appraisal TESTIFY in court.

                      Comment


                      • Originally posted by HHM View Post
                        Oopps, sorry. I didn't fully read. You are correct, under 522(f)(1)(A) a judicial lien can be stripped from a home if the lien is impairing the exemption.

                        Be prepared, if this goes to hearing, you will need to have whoever did your appraisal TESTIFY in court.
                        If the appraisal gets accepted by the court for an amount above my exemption will I have to pay that outside the bankruptcy or will it be added on to my BK payments?

                        Comment


                        • I apologize if this question has been answered but I can't seem to find anyone in this situation. This is my final year in Chapter 13 and my second mortgage has been paid as an
                          "unsecured" debt by the Trustee for the past 4 years. The lien strip was approved on my second mortgage in December 2009 and deemed as an unsecured debt. In 2013 I received notices to modify my second mortgage and In February 2014 I started receiving a statement from the second mortgage holder showing the payments received from the Trustee and the balance of the second mortgage. Why am I receiving these statements now?

                          Comment


                          • Stripping CC Liens When Home is Valued Over Debt- Possibly Selling

                            I'm new to all of this, and after 5 years of surviving several foreclosures, I'm currently applying for my 4th Loan Mod in 4 years: deferred past due payments).

                            Trying to catch up on all of the financial disaster during which several liens from previous credit card companies were filed against my home.

                            Question: If I file Ch 13, it appears that those liens could be discharged if my first is greater than the value of my home.

                            THIS IS NOT THE CASE.

                            There could be approx 200k in equity right now in the home, above all liens. If I file Ch 13 do any of these credit card liens get excused?

                            If I sell my home, after filing Ch 13 to access equity, will all credit card liens become due?

                            Thanks!

                            Comment


                            • First rule of bankruptcy: bankruptcy does not extinguished properly perfect liens.

                              Second rule of bankruptcy: when you think the lien is simply a "credit card" lien (a judgment lien) and not entitled to priority or to survive the bankruptcy, see the first rule of bankruptcy.

                              If you filed Chapter 13, those liens would need to be paid within the bankruptcy if you retain the property. It reads as though you need an asset protection specialist.
                              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                              Status: (Auto) Discharged and Closed! 5/10
                              Visit My BKForum Blog: justbroke's Blog


                              I am not an attorney. Any advice provided is not legal advice.

                              Comment


                              • Anyone have new info on the need for an adversarial preceding to complete a lien strip?

                                I am in Riverside and it looks as if there was a meeting of the BK judges where they decided an adversarial proceeding was needed to complete a lien strip and to ensure service to the creditor in assured.

                                This fires me up as my attorney and I followed the rules in effect when I filed my 13 with lien strip.

                                I am looking for any way to get out of paying more money for the AP to complete the lien strip which I had a clear idea on how to complete when I entered into the ch13 commitment originally.

                                Signed, still pissed off!
                                11/23/'10-filed ch 13. 1/6/'11-341, confirmed. Below median. Plan completed 11/30/2015. DISSCHARGED 4/4/2016.JP

                                Comment

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