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No mortgage lien strips in Chapter 7 cases

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    No mortgage lien strips in Chapter 7 cases

    See. . .



    BANK OF AMERICA, N. A. v. CAULKETT

    Decision entered 6/1/15

    I believe a correct result.


    Des.

    #2
    As a resident and person who has experienced bankruptcy in both Chapter 7 and Chapter 13... and being in the 11th Circuit... I liked the 11th Circuit's end-run around this issue for as long as it lasted.
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      If the debtors are behind in the 2nd, the DOJ settlement allows for extinguishment. A lot of BK cases seemed to have gotten these extinguishments. I was one of them. We were prepared to let the house go if the 2nd ever came after us. I guess the chances were slim to none since they were totally underwater. They got a couple thousand dollars from DOJ which I guess they figured was more than they would ever get from me.

      Comment

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