Lien Stripping

LIEN STRIPPING — ENFIELD CONNECTICUT ATTORNEY

When you have multiple loans or judgments on your property, getting your finances under control can seem impossible. Luckily, there are solutions available. You may be able to strip second mortgages, nonconsensual judgments and other liens on your property through bankruptcy.

Get the relief you need from overwhelming debt. Call attorney Susan M. Williams in Enfield, Connecticut, about lien stripping at 860-265-4764 or contact us by e-mail.

Removing Second Mortgages Through Bankruptcy

Only unsecured debt can be discharged in bankruptcy. Secured loans, such as a mortgage, cannot be discharged in bankruptcy because the lien survives the discharge.

However, if your property value has dropped below the value of your first mortgage, filing a Chapter 13 bankruptcy can allow you to change the status of any second or third mortgages from secured to unsecured.

When your second mortgage becomes unsecured it then falls into the pool of general unsecured creditors and paid a dividend or possibly nothing depending upon the facts of the case.

If you own a multi-family home under a Chapter 13 bankruptcy you can have the court deem the loan secured up to the fair market value of the property. Any part of your first mortgage that falls above the fair market value can also be classified as unsecured debt through the lien stripping process.

Other Types of Debt

In addition to mortgages, the bankruptcy law allows you to strip nonconsensual judgment liens from your property. If you had a judgment against you in court, and the court attached the value of that judgment to your home or other asset, you can have that lien reclassified as unsecured and discharge it through bankruptcy.

The same laws that allow you to reduce the secured portion of your mortgage down to the fair market value of your property also apply to other loans. You may be able to cram down an auto loan to the current value of your vehicle.

For help with lien stripping and bankruptcy in Massachusetts or Connecticut, call lawyer Susan M. Williams in Enfield, Connecticut, at 860-265-4764 or contact us by e-mail, to schedule a free consultation.

Free consultations · Easily accessible from Route 91, off Route 5

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

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