Sleep Like a Baby

Removing Second Mortgages Though Lien Stripping

In the present economic times many individuals are living with financial decisions causing them to hold assets, such as houses, automobiles and boats, whose values have plummeted. Individuals are living in properties whose values have dropped far below the mortgages or driving cars, which are valued at a third of the loans. Those individuals with financial difficulties are looking for assistance through the bankruptcy courts in an attempt to get out from underneath all of the debts and liens acquired, which now vastly exceed their current assets.

There are two types of liens, which can be attached to an individual’s property or assets. The first is a voluntary lien, which is basically a situation where you have agreed to use the asset as collateral for a debt, i.e. mortgages and auto loans. A non-voluntary lien is one that a creditor imposes on you and that gives them the right to force you to sell the asset so that they can be paid, for example: judgments against you or tax liens. These liens are either secured or unsecured as to the asset they are attached to.

The most common issue for an individual nowadays is the situation where a homeowner who has a first and second mortgage on a primary residence is facing bankruptcy and wondering if they have the ability to save the family home. As real estate markets fall and the fair market values of the homes fall, homeowners are left with mortgages that far exceed the current fair market value of their homes. There is a process which could be of help to many in this situation and it is called “lien stripping”.

“Lien stripping” refers to the process of reducing a secured claim to the value of the underlying collateral. It uses the combined effect of 11 U.S.C.A. § 506(a) and 11 U.S.C.A. § 506(d) to bifurcate the lien into secured and unsecured. The secured lien is allowed in the amount up to the fair market value of the property at the time of the stripping. The balance of the lien, which exceeds the fair market value of the property, is now deemed unsecured.

Liens can be stripped off of the debtor’s assets in Chapter 11 or Chapter 13 when there is not enough equity in the assets. Section 506(a) and 506(d) of the Bankruptcy Code acknowledges that a lien is only a secured claim to the extent there is value in the asset to which it attaches. To the extent that the claim exceeds the value of the collateral, that portion of the lien is now unsecured. The most common application of lien stripping is the reduction of car loan liens to the present value of the vehicle however it is currently used more often with home mortgages in bankruptcy situations. Lien stripping with car loans has been limited to vehicles purchased over 910 days.

The Bankruptcy Code does permit a bankruptcy plan to “modify the rights of holders of secured claims, other than a claim secured only by a security interest in real property that is the debtor’s principal residence”. Section 1322 (b)(2). This section provides protection to the holder of a claim secured only by a lien on the debtor’s principal residence by prohibiting any modification of the terms, however the issue arose as to if this section precluded “lien stripping” of undersecured residential mortgages in the face of Bankruptcy Code section 506 which appears to permit bifurcation of undersecured mortgages and voiding of unsecured portions of the mortgage lien. At least two bankruptcy court judges sitting in Massachusetts have permitted such bifurcations, see In re Brown, 175 B.R. 129 and In re Richards, 151 B.R. 8.

In any event, there is an exception as to the lien on a principal residence lien and that is if there is a second or third lien on the same property. In this instance those liens, lien stripping is available to render them totally unsecured if the first mortgage balance equals or exceeds the value of the personal residence. The exception is only if there are two distinct mortgages on the property, not a refinancing situation. It should also be noted that the limitation of lien stripping of first mortgages only apply to personal residences, it will be allowed for a mortgage on a building used for business or renting.

As always, all situations relative to a strategy for bankruptcy and lien stripping should be discussed in detail with a bankruptcy attorney to understand all your avenues open to you.

About the Author

The forgoing article on lien stripping as a chapter 13 bankruptcy tool was written by the
Law Office of Goldstein and Clegg, LLC
.

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Diagnostic PH Test Strips by pHion (Endorsed by Bell Lifestyle Products, Inc.) – 90 Test Strips $16.95 pHion’s Diagnostic pH Test Strips are the most accurate and easy to use pH testing applicable available. Testing your pH will determine if your body is overly acidic and may provide everyday insight into ailments such as low energy, poor digestion, joint aches and problematic weight management. If you care enough about your body to test your pH, do it the right way with the pHion Diagnostic pH Test Strips.To measure pH levels of the body, pHion’s diagnostic pH Test strips are preferred choice by doctors and practitioners.When ordinary litmus paper gets wet it bleeds, creating varying colors making it difficult to accurately match to a pH color chart. pHion’s Advanced Diagnostic pH Test Strips are comprised of a two pad color system affixed to an easy to handle plastic strips, making them more effective than litmus paper. With pHion’s Diagnostic pH Test Strips there’s no paper, no bleeding and no inaccurate readings!

Kids Clear Nasal Strips 12 CT $8.49 Kids Clear Nasal StripsFunny how a child’s stuffy nose can keep the whole family awake. And those rough nights can lead to grouchy mornings. With Breathe Right Kids nasal strips, you can give your child instant relief from nasal congestion caused by colds or allergies. Better yet, Breathe Right Kids nasal strips are drug-free, making them a great alternative to children’s over-the-counter cold medications. You don’t have to worry about dosing, or side effects. And that means you and your child can both breathe more easily. .

Kids Clear Nasal Strips 30 CT $20.39 Kids Clear Nasal StripsFunny how a child’s stuffy nose can keep the whole family awake. And those rough nights can lead to grouchy mornings. With Breathe Right Kids nasal strips, you can give your child instant relief from nasal congestion caused by colds or allergies. Better yet, Breathe Right Kids nasal strips are drug-free, making them a great alternative to children’s over-the-counter cold medications. You don’t have to worry about dosing, or side effects. And that means you and your child can both breathe more easily. .

Good Sense Nasal Strips Medium Clear(Pack of 36) $14.49 Good Sense Nasal Strips Medium Clear30 ct.Compare to Breathe Right (No Nbe Statement).Proudly made in the USA.

Good Sense Nasal Strips Medium Tan(Pack of 36) $4.99 Good Sense Nasal Strips Medium Tan 12 CT.Compare to Breathe Right (No Nbe Statement).Proudly made in the USA.

Good Sense Nasal Strips Large Clear(Pack of 36) $14.49 Good Sense Nasal Strips Large Clear30 ct.Compare to Breathe Right (No Nbe Statement).Proudly made in the USA.

Good Sense Nasal Strips Large Tan(Pack of 36) $4.99 Good Sense Nasal Strips Large Tan 12 CT.Compare to Breathe Right (No Nbe Statement).Proudly made in the USA.

DecalGirl MBBLUESTRIPS MacBook Skin Blue Strips $33.74 Since 2003 DecalGirl has been manufacturing fullcolor removable vinyl skins for laptops cell phones game consoles iPods and other devices. DecalGirl was the first on the skin scene With thousands of designs to choose from on hundreds of devices we have a skin for you All skins are manufactured right in our Milton Delaware facility. DecalGirl MBBLUESTRIPS MacBook Skin Blue Strips

DecalGirl PSP3BLUESTRIPS PSP 3000 Skin Blue Strips $27.61 Since 2003 DecalGirl has been manufacturing fullcolor removable vinyl skins for laptops cell phones game consoles iPods and other devices. DecalGirl was the first on the skin scene With thousands of designs to choose from on hundreds of devices we have a skin for you All skins are manufactured right in our Milton Delaware facility. DecalGirl PSP3BLUESTRIPS PSP 3000 Skin Blue Strips

DecalGirl AIP4BLUESTRIPS iPhone 4 Skin Blue Strips $24.96 Since 2003 DecalGirl has been manufacturing fullcolor removable vinyl skins for laptops cell phones game consoles iPods and other devices. DecalGirl was the first on the skin scene With thousands of designs to choose from on hundreds of devices we have a skin for you All skins are manufactured right in our Milton Delaware facility. DecalGirl AIP4BLUESTRIPS iPhone 4 Skin Blue Strips

DecalGirl IPADBLUESTRIPS iPad Skin Blue Strips $33.74 Since 2003 DecalGirl has been manufacturing fullcolor removable vinyl skins for laptops cell phones game consoles iPods and other devices. DecalGirl was the first on the skin scene With thousands of designs to choose from on hundreds of devices we have a skin for you All skins are manufactured right in our Milton Delaware facility. DecalGirl IPADBLUESTRIPS iPad Skin Blue Strips

Tan Clear Nasal Strips Small/Medium, 30 CT $20.39 Tan Clear Nasal StripsBreathe Right nasal strips gently open nasal passages so you can breathe through your nose and close your mouth, reducing snoring. .

Nasal Strips,Vapor,Sm/Med 10 Ct: HF $7.64 Breathe Right® nasal strips gently open nasal passages so you can breathe through your nose and close your mouth, reducing snoring. Each drug-free, non-prescription nasal strip consists of flexible, “spring-like” bands. Placed correctly across the nose, the bands gently lift the sides of nose to provide: * Nasal congestion relief due to the common cold or allergies * Snoring relief for a better night’s sleep * Better breathing for people with a deviated septum Athletes also use nasal strips to improve their breathing during a workout. Breathe Right nasal strips are ideal for every kind of aerobic exercise.

Nasal Strips,Tan,Sm/Med 30 Ct: HF $18.35 Breathe Right® nasal strips gently open nasal passages so you can breathe through your nose and close your mouth, reducing snoring. Each drug-free, non-prescription nasal strip consists of flexible, “spring-like” bands. Placed correctly across the nose, the bands gently lift the sides of nose to provide: * Nasal congestion relief due to the common cold or allergies * Snoring relief for a better night’s sleep * Better breathing for people with a deviated septum Athletes also use nasal strips to improve their breathing during a workout. Breathe Right nasal strips are ideal for every kind of aerobic exercise.

Nasal Strips,Clear,Sm/Med 30 Ct: HF $18.35 Breathe Right® nasal strips gently open nasal passages so you can breathe through your nose and close your mouth, reducing snoring. Each drug-free, non-prescription nasal strip consists of flexible, “spring-like” bands. Placed correctly across the nose, the bands gently lift the sides of nose to provide: * Nasal congestion relief due to the common cold or allergies * Snoring relief for a better night’s sleep * Better breathing for people with a deviated septum Athletes also use nasal strips to improve their breathing during a workout. Breathe Right nasal strips are ideal for every kind of aerobic exercise.

Auburn Tigers 2-Pair White Team-Colored Eye Black Strips $3.95 Get your game face on with these Team-Colored Eye Black Strips! Featuring a 2-pair set of stick-on team-colored strips with a striped design down the center and a Tigers team logo on the right left this game day accessory is sure to psych out the competition and make you look just like your favorite Auburn player!

Metal Strips $24.99 A. Villani Metal Strips – Photographic Print

TOUCHSCREEN ADHESIVE STRIPS 16 STRIPS PER PACK $19.56 TOUCHSCREEN ADHESIVE STRIPS 16 STRIPS PER PACK

Animonda Strips – 100 strips $7.99 Your dog will love these hearty beefy chew strips from Animonda. The strips are made with delicious beef which is soft and chewy. They are perfect as a snack for your dog between meals or when you are on a walk or journey. Animonda pet products are healthy and add variety to your pet´s diet. These strips are made with lots of tasty beef and do not contain any sugar so you can give your dog a treat without feeling guilty. Each strip is 13 cm long and easy to portion. They are also easy to digest. Animonda Strips A healthy dog snack Made with lots of tasty beef Semi-moist meat strips Sugar-free Economy pack Animonda Strips – The healthy hearty snack for your dog.