Possibility for Individual to Wipe out Second Mortgage and Still Keep House
This is a complex issue that is still evolving here in Pierce County. The general answer is yes, but only in certain circumstances.
In order to determine if you are able to wipe out your second and succeeding mortgages, you will need to consult with an experienced Washington bankruptcy lawyer.
In essence, however, it works like this way. If your second and any succeeding mortgages are no longer secured by any equity (value) based upon the current fair market value of your house, you may be able to discharge your second and any additional successive mortgages through a Chapter 13 bankruptcy. What is equity? Equity is the net value of your home. It is the current fair market value of your home minus the amount of any outstanding debts (mortgages) on your house.
If you believe that you may qualify under these circumstances, one of experienced Washington bankruptcy attorneys will assist you in undertaking a thorough analysis of your property so that you can make an informed decision. If we believe that you can prevail, we will then represent you through an adversarial proceeding process that allows you to shed or get rid of one or more mortgages on your house.
Please also note that you can never discharge your first mortgage because it will always be presumed that your property has some value. Given the chaos of our local real estate market in the last few years, it appears as if more and more homeowners are able to discharge their second mortgages through a Chapter 13 because the sale of their house will not even pay off the entire balance of their first mortgage. If you are contemplating filing a Washington bankruptcy and you own real property, it is important to consult with an experienced bankruptcy lawyer who understands how real property is treated in the bankruptcy process.
In order to determine if you are able to wipe out your second and succeeding mortgages, you will need to consult with an experienced Washington bankruptcy lawyer.
In essence, however, it works like this way. If your second and any succeeding mortgages are no longer secured by any equity (value) based upon the current fair market value of your house, you may be able to discharge your second and any additional successive mortgages through a Chapter 13 bankruptcy. What is equity? Equity is the net value of your home. It is the current fair market value of your home minus the amount of any outstanding debts (mortgages) on your house.
If you believe that you may qualify under these circumstances, one of experienced Washington bankruptcy attorneys will assist you in undertaking a thorough analysis of your property so that you can make an informed decision. If we believe that you can prevail, we will then represent you through an adversarial proceeding process that allows you to shed or get rid of one or more mortgages on your house.
Please also note that you can never discharge your first mortgage because it will always be presumed that your property has some value. Given the chaos of our local real estate market in the last few years, it appears as if more and more homeowners are able to discharge their second mortgages through a Chapter 13 because the sale of their house will not even pay off the entire balance of their first mortgage. If you are contemplating filing a Washington bankruptcy and you own real property, it is important to consult with an experienced bankruptcy lawyer who understands how real property is treated in the bankruptcy process.