Many individuals believe that they can modify their mortgage through bankruptcy; however, that is not the case. You cannot modify the original terms of your mortgage (i.e. monthly payment amount, due date, interest rate, etc.) through your bankruptcy case. However, you can pay any past due mortgage payments, referred to as mortgage arrearage, through a Chapter 13 bankruptcy plan to keep your home from being foreclosed and sold. While you may not be able to modify the terms of a mortgage in bankruptcy, you may be able to remove a second mortgage in some circumstances.
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How to Value a Second Mortgage in Bankruptcy
If you file a Chapter 13, you may be able to value your second mortgage in bankruptcy so that you only pay a small percentage of the actual balanced owed. In order to value a second mortgage in bankruptcy, the first step is to obtain a formal, written appraisal of your home. This is necessary to prove the market value of your home. Your home must be worth less than what is owed on the first mortgage in order to value the second mortgage at zero. If the appraisal of your home is even one penny over the payoff of your first mortgage, you must pay the full balance of the second mortgage to keep your home.
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However, if the value of the home is less than the payoff of the first mortgage, you can include a motion within your bankruptcy plan to value the mortgage in bankruptcy. Once the plan is confirmed, the second mortgage debt will be included in your unsecured debt (i.e. medical bills, credit card debt, etc.) and will be paid the same percentage that you are paying your other unsecured debt. Upon completing your Chapter 13 plan, the remaining balance of the second mortgage will be discharged and you will no longer owe this amount.
Removing a second mortgage in bankruptcy is a useful tool to help homeowners keep their homes and resolve their debt problems. If you think that you might qualify to value your second mortgage in bankruptcy, contact Travis J. Richards for a free bankruptcy consultation to discuss your bankruptcy options.
Schedule a Free Consultation with an Experienced South Jersey Bankruptcy Attorney
Travis J. Richards may be able to help you remove your second mortgage. He focuses his practice on bankruptcy, debt consolidation, and credit repair. He offers free bankruptcy consultations during normal business hours as well as on weekends and after-hours.
Please call 609-267-5297 or send a message through this website’s online contact form to schedule your free consultation today.
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