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Old 07-07-2009, 04:02 PM
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Default The lender modified my first loan on my mortgage?

The lender modified my first loan on my mortgage can I file bankruptcy for my second mortgage I have a first and second thank you
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Old 07-08-2009, 03:43 PM
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Default Re: The lender modified my first loan on my mortgage?

Depends on a lot of other factors, but the short answer is yes you can. You could file a chapter 13 and have your Attorney file what is called a lien strip or Advasarial Proceeding against the 2nd. In order for this to work though there needs to be proof that there is absolutely nothing in terms of equity for that second lien holder. This removes them from title and treats them as an unsecured creditor. You would still pay them something, but it would be based upon the percentage that unsecured creditors are getting paid in the Chapter 13 plan that you submit to the Trustee and Judge.
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