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affirmation

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G

goldberg

Guest
Is it possible to affirm a 1st mortgage and discharge a second and third mortgage?

The 1st and 3rd are with the same institution
the 2nd is with another.
 


D

David J. Miller

Guest
Not an attorney but I believe the answer to your question is no. The subordinate mortgages are liens on your property. If you discharge, they will initiate foreclosure for default.

If I'm wrong, an attorney on this site will correct me. And this is based on the assumption that you have as Homeguru inquired, actually filed bankruptcy. Or maybe Homeguru was wondering if youv'e ever filed Burger King. But then that wouldn't make any sense. Heeheehee

[Edited by David J. Miller on 11-19-2000 at 10:39 PM]
 

HomeGuru

Senior Member
Ok, here is the Whopper. There was a BK case that the courts ruled that a second mortgage was dischargeable.
 
D

David J. Miller

Guest
Interesting. Do you know any details? My guess is it was involving a situation where the 2nd mortgage was for greater than the value of the home.
 
L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Not dischargeable in Chapter 7 are recent taxes; family support; student loans ; drunk driving judgments; criminal fines or restitution; or debts incurred by fraud or intentional wrongdoing.

The complete list of non-dischargeable debts is found at 11 U.S.C. 523(a) and is set out in table form here at Discharge of debt in Chapter 7

Everything else is dischargeable: loans, credit card debts, judgments, medical bills, old income taxes. More on treatment of different kinds of debt in bankruptcy.

Remember, liens and mortgages survive the bankruptcy: the debtor personally has no further liability for the debt, but the lien (a charge on the asset that is the collateral) survives as an interest in the asset. In appropriate circumstances, liens can be avoided because they impair an exemption or because the lien doesn't really attach to any value in the collateral


Avoiding liens in bankruptcy
One of the most powerful tools for achieving a truly fresh start in bankruptcy is the debtor's power to avoid certain liens on his assets.

The power to avoid liens modifies the general bankruptcy rule that liens pass through bankruptcy unaffected by the discharge: that is, unless liens are avoided, the discharge only discharges the personal liability of the debtor, not the liability of property that is subject to a pre petition lien.

So, what liens can be avoided and under what conditions?

http://www.moranlaw.net/lien.htm
 
G

goldberg

Guest
No, I did not file BK.

The total amount of the mortgages are more than the property is worth.

Round number senerio.

property (tax bill)value 230k
Market value $275 (?)
1st mort $175
2nd mort $100
3rd mort $60

Can I file chap 13 after filing chap 7 to repay the 1st mort. Thereby discharging the 2nd and 3rd?
 
D

David J. Miller

Guest
Great info. lawrat. When it comes to bankruptcy, lawrat is the lead pack dog...er...lead pack rat.
 

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