Q: Can a chapter 13 wipe out a mortgage if no claim is filed?
The secured creditor's failure to file a proof of claim does not eliminate the lien filed in your state clerk's records. If the secured lender does not file a proof of claim it will not participate in the Chapter 13 distributions but its lien and right to collect remain and will survive the bankruptcy.
Since many Chapter 13 cases are filed to cure mortgage arrearages, it defeats the purpose of the plan for a mortgage creditor not to participate in the Ch. 13. That's why, in many districts, the debtors' attorney is required to examine the claims file and report to the court (or file a substitute claim) if the creditor does not file a proof of claim.
Also, in many districts, the trustee will accept a late filed claim.
Bottom line: your mortgage isn't going to go away and you don't get your house for free.
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.