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Help!! Lien strip / cram down

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    Help!! Lien strip / cram down

    I want to file chapter 13 but my scenario is a little different then most.

    1st mortgage owed: $128,000
    2nd mortgage owed: $118,000
    TOTAL OF 2 MORTGAGES = $246,000

    My property which is a duplex is worth about $161,000

    Can I still do a LIEN STRIP or CRAM DOWN If I have equity to cover the 1st mortgage but not enough of the 2nd mortgage?

    Can I propose a plan for the following:

    $161,000 (Value) - $128,000 (1st Mtg)= $33,000

    Can the difference of $33,000 be the Amount I propose to pay back towards the 2nd mortgage on a BK 13 payment plan?

    #2
    No.

    Lien strips are only possible when there is no equity at all in the 2nd/HELOC. And there are no cramdowns on real property. Only vehicles purchased more than 910 days before filing - and even then it depends on what valuation method your district uses. (Mine uses NADA Retail - not many actually eligible for cramdown that way.)

    Some have filed ch. 7, if eligible, and then stopped paying the 2nd. Saved up the payments to eventually offer a settlement.
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

    Comment


      #3
      Originally posted by scs30885 View Post
      I want to file chapter 13 but my scenario is a little different then most.

      1st mortgage owed: $128,000
      2nd mortgage owed: $118,000
      TOTAL OF 2 MORTGAGES = $246,000

      My property which is a duplex is worth about $161,000

      Can I still do a LIEN STRIP or CRAM DOWN If I have equity to cover the 1st mortgage but not enough of the 2nd mortgage?

      Can I propose a plan for the following:

      $161,000 (Value) - $128,000 (1st Mtg)= $33,000

      Can the difference of $33,000 be the Amount I propose to pay back towards the 2nd mortgage on a BK 13 payment plan?

      My understanding is that if the value of the property is even $1 over the value of the 1st mortgage then you cannot strip the 2nd. Perhaps others will chime in, but from everything I've read over the last few years it cannot be done.

      Edit: Once again SMinGA and I have typed at the same time :-) Happens quite often, sorry for duplicating.
      Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
      I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

      Comment

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