High court rules 2nd mortgages can’t be voided in bankruptcy

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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.

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.

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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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WASHINGTON (AP) – The Supreme Court said Monday it will decide whether homeowners who declare bankruptcy can void a second mortgage if the home’s market value has dropped below the amount they.

High Court: ‘Underwater’ homeowners can’t void second mortgage By Jeramy Gordon June 01, 2015 The United states supreme court ruled Monday, June 1, 2015, that bankruptcy courts cannot void a second mortgage for struggling homeowners even if the first mortgage is greater than the value of the home.

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Debt is the common thread, the grease that makes leveraged buyout deals happen, and the lead weight that forces struggling companies to the bankruptcy court while their private. So not only are.