Can a second mortgage be discharged in a bankruptcy?

Can a second mortgage be discharged in a bankruptcy?

If you file for Chapter 7 bankruptcy, you cannot get rid of second mortgages, home equity lines of credit (HELOCs), or home equity loans. Filers in the Eleventh Circuit Court of Appeals, are no longer able to strip off (remove) these types of liens in Chapter 7 bankruptcy.

Can I exclude my house from bankruptcy?

If you kept your house throughout the bankruptcy process, you are free to keep your home after the bankruptcy – as long as you continue to pay the mortgage. It may be that after you are free of all the rest of your debt you will be able to afford the mortgage payments easily. If so, you’ll be able to keep your house.

Can I keep my second home if I file Chapter 13?

Even if your second home is a net expense, a chapter 13 plan that pays 100 percent of your debts may allow you to keep it. This is a rare exception, however, since you would generally avoid filing for bankruptcy at all if you’re able to repay all your debts, even if you need three to five years to do so.

Can second mortgage foreclose?

Yes, a second mortgage holder can foreclose, even if you are current on your first mortgage. Just like any type of loan, if you are behind on your payments, the lender has the legal right to take whatever property was offered as collateral on the loan.

Can you declare bankruptcy if you have equity in your home?

Home equity is considered an asset in your bankruptcy. In Chapter 13 bankruptcy, you must pay the value of your nonexempt assets to your unsecured creditors through your repayment plan. As a result, the amount of equity you have in your home can play an essential role in your decision to file for bankruptcy.

What happens to my house if I file bankruptcy?

If you are the only owner of your home, your secured debts (for example, a mortgage) are paid first out of the sale proceeds. The remainder of the sale proceeds are given to the trustee to pay your unsecured debts and trustee fees. Any remaining funds after this distribution will be given back to you.

What happens if I sell my house while in Chapter 13?

Proceeds From Selling Your House Will Be Used to Pay Your Creditors. The trustee will then disburse the proceeds to the creditors. If the sale of your home allows you to pay off your repayment plan, you could have the bankruptcy discharged shortly after the sale.

How is home equity determined in bankruptcy?

Your Home Equity in Bankruptcy If your home is worth more than the amount you owe on your mortgages and other property liens, then you have equity. Home equity is considered an asset in your bankruptcy.

What happens to your home in Chapter 7 bankruptcy?

In Chapter 7 bankruptcy, most or all of your debts are discharged. In exchange, the trustee is entitled to sell your nonexempt property and use the proceeds to pay your unsecured creditor. That means that if your home has a significant amount of nonexempt equity, the trustee will sell it.

What happens to your mortgage when you file bankruptcy?

You continue to make your mortgage payments during and after the bankruptcy. If you are behind in mortgage payments, you can pay off the arrears through your Chapter 13 repayment plan (which lasts three to five years). As long as you make your current mortgage payments and your plan payments, the lender cannot foreclose.

Can a mortgage be modified in a chapter 13 bankruptcy?

Modifying Mortgages: Cram Downs. In some instances, you can modify a mortgage in Chapter 13 bankruptcy so that the new principal equals the actual value of your home. For example, if your mortgage is $500,000 but the property value has declined to $300,000, you could modify the mortgage amount to $300,000.

What happens if you are behind on your mortgage payments?

If you are behind in mortgage payments, you can pay off the arrears through your Chapter 13 repayment plan (which lasts three to five years). As long as you make your current mortgage payments and your plan payments, the lender cannot foreclose. This effectively gives you more time to make up missed payments.