Irvine, CA asked in Bankruptcy for California

Q: How can I find out if my second mortgage was dismissed in my Bankruptcy case?

Related Topics:
1 Lawyer Answer
Norma Duenas
Norma Duenas
Answered
  • Bankruptcy Lawyer
  • Los Angeles, CA
  • Licensed in California

A: This question is difficult to answer without further information. Was your bankruptcy case a Chapter 7 or a Chapter 13. Were you trying to strip your second mortgage in a Chapter 13? Generally you can remove your personal liability for a second mortgage in a Chapter 7 bankruptcy, but if you intend to keep the home you must continue to pay it. Most judges in California do not allow you to strip second mortgages in a Chapter 7. In a Chapter 13 you can remove your second mortgage. The second mortgage will be removed if you complete your Chapter 13 plan and as part of the plan you proposed to avoid the second mortgage. For information on this you can go to: http://www.socaladvocates.com/Bankruptcy/Remove-Second-Mortgage.aspx

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.