lien avoidance

[bankit]

I looking for some opinions and more educated opinions than my own. I was orginally planning on filing pro se and I have the papers already completed. After looking over things I am wondering?
My house has a regular market value around 110000, forced sale value around 75000 to 80000, 1st mortgage of 74,000, 2nd mortgage(home equity loan) of 29,000, homestead exemption is unlimited.
Would I be able to use the lien avoidance option in this case and would the motion need to be filed when I file my papers? I am hoping to file either tomorrow or monday. Thanks for your help!

[StaciMM]

I've read about lien avoidance when the exempt equity is a fixed amount, I don't know about an unlimited homestead exemption.

Even if you decide to file pro se, you should have a consultation or 2 with an attorney. It may be a little difficult to find one who isn't booked right now.

[bankit]

I wasn't sure either with unlimited. I would think the home equity would be, because it was obtained after ownership of the property, but the 1st mortgage was a refinance and then sold to another company? So I don't know how that affects it either.
I have tried to get into an attorney and have been having a hard time. I was hoping to file before the end of the month originally, because I get paid on the 2nd of the month.
I orginally met with a lawyer and even took a payment for him. He was so dry and the way he handled the appointment made me not trust that he was actually going to be good representation. I understand the filing forms, so I decided to go pro se.
If the lien avoidance would not work, then I might as well go ahead and file pro se. Also do you think a lawyer would take the lien avoidance motion without representing me in bankruptcy? Thanks for the quick reply

[StaciMM]

I've heard its very hard to get an attorney to handle ANYTHING midway thru. My gut reaction is the lien avoidance wouldn't work on the 1st mortgage, and who knows on the 2nd.

This may not work, but try calling your BK court clerk. (IT might be too detailed a question but there is no harm in trying.) They can give procedural information. Just ask if you can file a lien avoidance in your state...

[HHM]

What is your intention with the house, are you trying to keep it or trying to surrender it.

What lien are you trying to avoid. Obviously you cannot avoid the 1st mortgage and the only other types of liens you can avoid on real property are judgments that impair an exemption, but I don't think you can avoid the home equity line of credit.

However, you could probably strip down the 2nd on a chapter 13.

As to when to file a lien avoidence motion, I beleive you can do it any time before discharge.

[bankit]

I was looking at the 2nd mortgage under chapter 7. I did not know if this was possible. Thanks for your help