If the fair market value of a property is less than the amount owed on a first - priority mortgage, a Chapter 13 debtor may be able to remove
additional mortgage liens through a process known as «lien stripping.»
If you find yourself underwater on your home based on the balance of your first mortgage,
additional mortgage liens are considered «undersecured» and are eligible to be removed or stripped by the bankruptcy court.
Not exact matches
Other times, it is opened as a new
lien and only used to pay for a down payment on the new home, adding
additional debt on top of your two
mortgage payments.
Bankruptcy will not normally wipe out: (1) money owed for child support or alimony, fines, and some taxes; (2) debts not listed on your bankruptcy petition; (3) loans you got by knowingly giving false information to a creditor, who reasonably relied on it in making you the loan; (4) debts resulting from «willful and malicious» harm; (5) student loans owed to a school or government body, except if the court decides that payment would be an undue hardship; (6)
mortgages and other
liens which are not paid in the bankruptcy case (but bankruptcy will wipe out your obligation to pay any
additional money if the property is taken back by the creditor).
It is possible for borrowers to take out
additional liens (
mortgages) on a home.
1) The Piggy - Back (a.k.a.: Concurrent
Lien, First and Second Combo) Borrowers purchasing a home, are able to use a «piggy - back» their first
mortgage in with a second
mortgage to give them
additional flexibility in the formation of their repayment plan.
The
mortgage will be a
lien on the subject property, so adding
additional collateral does not help unless the
mortgage is underwater.
For instance, lenders view builders
liens and property tax
liens as an
additional mortgage on the property.
«In the third quarter of 2010,» says Freddie Mac, «33 percent of homeowners who refinanced their first -
lien home
mortgage lowered their principal balance by paying - in
additional money at the closing table.»
Other times, it is opened as a new
lien and only used to pay for a down payment on the new home, adding
additional debt on top of your two
mortgage payments.
FHA 203K Loans When a homebuyer wants to purchase or refinance a house in need of repair or modernization, the borrower usually has to obtain financing first to purchase the dwelling or financing to take out any existing
liens should they already own it;
additional financing to do the rehabilitation construction; and a permanent
mortgage when the work is completed to pay off the interim loans with a permanent
mortgage.
They can't place
additional liens or
mortgages against property without the consent of the other spouse or the court.
In the first quarter of 2012, 79 percent of homeowners who refinanced their first -
lien home
mortgage either maintained about the same loan amount or lowered their principal balance by paying - in
additional money at the closing table.