You Can Modify Or Lien Strip Your Wholly Unsecured Second Mortgage In Chapter 13 Under The Current Law

In this down real estate market and troubled economy, I think it is worth reminding homeowners of my blog post from this past March 09′ regarding lien stripping:

You Can Modify Or Lien Strip Your Wholly Unsecured Second Mortgage In Chapter 13 Under The Current Law

Homeowners with a second mortgage that is completely underwater may be able to have that lien treated as an unsecured claim in a Chapter 13 case.

If income and other assets are limited, this can mean paying unsecured creditors, including credit cards and the now unsecured second mortgage company, only a small percentage of what is owed. If a Chapter 13 plan is confirmed, the homeowner can save the home, prevent foreclosure, continue making regular mortgage payments to the first mortgage company, pay only a fraction of the unsecured debts (by paying the trustee through a court approved repayment plan), and save (discharge) possibly thousands of dollars in unsecured debts. For some homeowners, this effectively means that the legal fees and costs of filing a Chapter 13 case are free because they may save far more in debt than the case will cost.

If you are interested in learning more about whether you can save thousands and remove the 2d mortgage lien on your home, please call my office at (212) 764-7250 x 203 to speak with my paralegal to set up a free phone consult.

Why You Should Never Call A California Mortgage Loan Modification “Consultant” For Legal Help

Here is a special ethics alert on the growing problem of California “loan consultants.” [Hint: There is no such thing as a “loan consultant.” This is someone with a nice website who typically made money making bad loans a few years ago who now wants to make money modifying them and to engage in the unauthorized practice of law (a misdemeanor in New York)].

Mortgage Modifications And Servicer Abuses

The AP is reporting on mortgage servicer abuses and how it affects the government’s loan modification programs. Here is the story.

MSNBC.com is reporting on the slow pace of loan modifications.

Despite this, mortgage loan modifications remain a very viable alternative. My law firm is working on many of these right now to try to help homeowners. The problems with the servicers and the slow pace only confirms that a homeowner is better off having a lawyer assist them. Only a lawyer will be able to provide legal advice regarding other alternatives such as Chapter 13, deed in lieu, litigating in the Supreme Court, short sale, etc. Every homeowner seeking a modification should have a backup plan in case their modification is not approved.

New Government Lifeline For Underwater Mortgages

The NY Times is reporting that the government has a new mortgage program for underwater mortgages. Here is the article.

The Problem With Non-Attorney Loan Modification Firms

MSNBC.com is reporting on the growing problem of fraud by non-attorney loan modification firms, particularly in California. I have posted many articles on this subject. Here is the link. The moral is clear. If you have a legal problem, see a lawyer.

Foreclosure Rescue Scams And The Law In New York

Foreclosure rescue scams target homeowners who are desperate. Read more