Can You Really Get Rid of a Second Mortgage Lien in a Chapter 13?

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Yes, it is possible but only in a Chapter 13, under certain circumstances. First you have to qualify for a Chapter 13, which means you have some money to pay back to your creditors. If you are unemployed, underemployed, or not working, then chances are slim you would qualify for a Chapter 13 bankruptcy, and may have to file a Chapter 7 instead, which does not allow for a second mortgage lien strip. However, your liability on the mortgage may be discharged.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kevin Johnson, Incictus Legal Group, PLLC | Attorney Advertising

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