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A unanimous Supreme Court ruled yesterday that homeowners who declare bankruptcy cannot void a second mortgage even if the home is not worth what they owe on the primary mortgage. The justices ruled in two Florida cases that bankrupt homeowners cannot "strip off" a second loan even.
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The debtors sought bankruptcy protection under Chapter 7 and asked the court to void (or "strip off") the second mortgages. The bankruptcy court granted the motions. Bank of America appealed to the U.S. 11th Circuit Court of Appeals in Atlanta, which upheld the bankruptcy judge’s decisions.
.get rid of a second mortgage using bankruptcy protection if the homeowner’s property value fell below the amount owed on the first mortgage. In a win for banks, the U.S.’s top court Monday ruled that underwater homeowners can’t get rid of a second mortgage by filing for bankruptcy protection.
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March 02, 2019. Mortgage Liens Survive Chapter 7 Bankruptcy Discharge, Allowing In Rem Foreclosures. The Indiana Supreme Court affirmed the summary judgment in favor of. The lender filed a Rule 12(b)(6) motion to dismiss the debtor's claims. This lien is superior to all other liens that exist against the property.
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Under some circumstances, a bankruptcy court may not only delay or stop a foreclosure process, but actually declare a mortgage to be void, relieving the debtor of the obligation to continue making any mortgage payments. bankruptcy courts can eliminate or reduce the amount you own on second mortgages in some.
The Bankruptcy Court, District Court, and the 11th Circuit Court of Appeals all agreed with the homeowners and allowed the homeowners to strip the second mortgage and make it an unsecured debt (meaning it would no longer be secured by the home itself and would be discharged).