Under some circumstances, a bankruptcy court may not only delay or stop a foreclosure process, but actually declare a mortgage to be void, relieving the debtor of the obligation to continue making any mortgage payments. Bankruptcy courts can eliminate or reduce the amount you own on second mortgages in some.
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A South carolina bankruptcy court decision by the Honorable John E. Waites, Chief Bankruptcy Judge, found the entire balance of a reverse mortgage could be paid off over the five year life of a chapter 13 plan according to Law Bankruptcy Network.. In the case of Brown, 2010 WL 1903771, the debtor and her daughter had lived in the home belonging to the debtor’s mother for forty years.
The bankruptcy court ruled that the creditor’s mortgage should be voided because he failed to satisfy the state’s law requiring that both spouses sign the mortgage or provide proof that the husband intended to convey his interest in the property.
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The industry is ridding itself of the scandalous, robo-signing foreclosure mills that faked documents to prop up questionable mortgages, though court. It won second place in competition among 50.
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But my friends and my lawyer advise me not to do this, even though I will show about a $250 monthly profit after paying the new mortgage to finance the construction. Don`t you think it is a good idea.
The Supreme Court appeal centered on the wording of the bankruptcy code itself, which says a mortgage or similar lien is void if it is not an "allowed secured claim." Specifically, the debtors and Bank of America disagreed over whether the second mortgages at issue here were "secured" claims.
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