Real Estate and Mortgage Issues

E.D.N.Y. Approves Debtor’s Chapter 20 Lien Strip

Lien Stripping in Chapter 13 Bankruptcy For our readers playing along at home, the basic rule with mortgage modification in bankruptcy is as follows: first mortgages on a debtors primary residence cannot be modified by filing for bankruptcy, however, second, third and other junior liens can be modified or “stripped” by filing for Chapter 13 […]

Deficiency Judgment After Foreclosure Bankruptcy

Deficiency Judgment: After Foreclosure, Do I Owe Money?

Last updated April 13, 2017. A common misconception among consumers is that after foreclosure they will not owe their mortgage lender. Many homeowners who go through foreclosure are surprised to learn that they still owe money on their house, even though they no longer own it! Most mortgage lenders require borrowers to personally guarantee the […]

Protecting Against Deficiency Judgments Through Bankruptcy

Does Bankruptcy Eliminate Liability for Deficiency Judgments? It’s a common story in many areas of the country: real estate values have dropped and foreclosures have risen. Despite a recovery in some parts of the country, borrowers with little hope of seeing their property values bounce back are still deciding to walk away from their mortgages. […]