Strip Off: When Bankruptcy and a Second Mortgage Are an Opportunity for Florida Homeowners

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Can Individuals "Strip Off" Second Mortgages on Underwater Homes in Chapter 7 Bankruptcy? The Supreme Court to Decide On Monday, November 17, 2014, the U.S. Supreme Court agreed to hear two bankruptcy-related cases that involve issues commonly faced by banks and homeowners with underwater mortgages in Chapter 7 cases.

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But a recent ruling by a federal court is giving Florida homeowners a window of opportunity to strip off a second mortgage, argues consumer attorney Lewis Roberts.

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With interest rates for a 30-year, fixed-rate mortgage again climbing above 4%. Located on the Georgia coast three miles from the Florida state line, Kingsland is a half hour from Jacksonville and.

WASHINGTON (AP) – A unanimous Supreme Court ruled Monday that homeowners who declare bankruptcy can. they owe on the primary mortgage. The justices ruled in two Florida cases that bankrupt.

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Second mortgages cannot be voided in Chapter 7 bankruptcy proceedings. District of Florida allowed the debtor to "strip off" (or void) the second mortgage.. continued attempts to strip.

Still, with Oregon’s foreclosures running at unprecedented levels and the federal government’s mortgage modification program proving a cumbersome disappointment, the "second lien strip" strategy could.

. in 2013 by homeowners who sought to strip off their second mortgages. One of the homeowners, David B. Caulkett, owed a first mortgage totaling $183,264 at the time of his bankruptcy filing, but.

In Florida, 23 percent of the state’s roughly 1.3 million homes that are currently underwater on their first mortgage. homeowners from canceling second mortgages or other junior lienholders in.

Through a lien strip, the bankruptcy court essentially takes your second mortgage (which is a secured debt where the lender can foreclose on your property if you miss your payments) and converts it to an unsecured debt (just like a credit card debt) by ordering the lender to remove its lien from the property.

Your credit score will gradually improve over these seven years, but not fully until the foreclosure is off your record. you owe and the sales price (upside down mortgage), you might have to file.