STRIPPING SECOND MORTGAGES

Stripping second mortgages is one of the great things about Chapter 13.  A second house mortgage can sometimes be stripped, i.e., removed from the house, but only in a Chapter 13, not a Chapter 7. The unpaid balance of the first mortgage must exceed the current fair market value of the house.  Third and fourth mortgages can be stripped also if the prior liens exceed the current fair market value of the house. There are no guarantees that the court will strip the junior mortgages and the process can be expensive if the lender fights the motion to strip.  A secured creditor might disagree about the value of the house.