From Catherine Curan writing at the NY Post: Liening on banks
Underwater homeowners are jumping onto an unexpected financial life raft that lets them escape crippling second mortgage debts and keep their homes -- Chapter 13 bankruptcy.
...
How it works is this: If the home is appraised at less than the value of the first mortgage, the owner can apply for permission in bankruptcy court to reclassify the second mortgage debt. That changes it from a secured debt, which must be repaid, into an unsecured debt, which does not have to be paid in full. The homeowner can then focus on paying off the first mortgage.
"This is the only time where you see such a huge percentage of houses worth less than the first loan, allowing us to basically get rid of the second loan," says [New York City bankruptcy attorney David Shaev of Shaev & Fleischman], who estimates that 20 percent of his Chapter 13 clients who own homes qualify for this type of workout. "We're at a unique place in history."
For many borrowers, this makes a Chapter 13 bankruptcy a better choice than a foreclosure. With a foreclosure, the borrower loses the house - and the 2nd lien holder might still pursue the borrower (unless they release the lien for some compensation, like under HAFA).
With a bankruptcy - under certain circumstances - the borrower keeps the house, and the 2nd lien is converted to unsecured debt and does not have to be paid in full. This is probably part of the reason for sharp increase in bankruptcy filings.
Blog Archive
-
▼
2010
(192)
-
▼
July
(22)
- 30-Year Mortgage Rates Make New Lows, But Look Rea...
- Falling Consumer Confidence Helps Drag Mortgage Ra...
- Case-Shiller Shows Home Price Improvement In 95% O...
- New Homes Sales Gain in June, But Gains Are Relative
- What's Ahead For Mortgage Rates This Week : July 2...
- Existing Home Sales Drop In June But Hint At Highe...
- Yes, You Can Still Get A Mortgage If You're Pregnant
- Housing Starts Ease 0.7 Percent In June -- 7x Bett...
- Sagging Homebuilder Confidence Opens The Door For ...
- What's Ahead For Mortgage Rates This Week : July 1...
- The Fed's June Minutes Keep Mortgage Rates In Rall...
- Foreclosure Activity Slows Again In June 2010
- Mandatory Loan Fees Keep Borrowers From Getting Th...
- Don't Bankrupt We may have some other options
- Should You Refinance Your ARM, Or Let It Adjust Lo...
- What's Ahead For Mortgage Rates This Week : July 1...
- The Flawed Home Price Index Shows Home Values Up 0...
- Household Finances : Which Bills Should I Pay First?
- June's Jobs Report Wasn't As Bad As The Headlines ...
- What's Ahead For Mortgage Rates This Week : July 6...
- Was The Pending Home Sales Report Really That Bad?...
- The Year Is Half-Over. How Did The Housing Experts...
-
▼
July
(22)