According to bankruptcy attorney John Morgan of John Carter Morgan, Jr. PLLC in Virginia, any homeowner who's filing for a Chapter 13 bankruptcy with an attorney should be prepped on what exactly a strip off is, because it could potentially save him thousands of dollars if he qualifies.
In current worsened economy, more and more homeowners have begun looking for ways to save themselves from downing in debt. One of the most recent legal maneuvers that has sprung up for some qualifying homeowners is something called a mortgage "strip off."
What a "Strip Off" Is In Virginia, there is something called a deed of trust, which is basically a mortgage. Strip offs only work if the debtor's home or property is currently worth less than whatever is owed on his mortgage. Not only that, but the debtor must also have a second mortgage taken out on the home as well.
For instance, you have a first mortgage or deed of trust worth $300,000 on a house that is now worth only $200,000. The house may have been worth $500,000 when you purchased it, which is why you took out such a large mortgage, but then the economy fell out and the value of the home dropped dramatically, down to just $200,000. On top of this, you also have a second mortgage worth $70,000.
If you were to file for Chapter 13 bankruptcy with an attorney in Warrenton, VA, then the next step that would be taken would be to file a motion to avoid the lien with the court. The court would then look at that motion, look at the situation as a whole, and agree that the house is only worth $200,000. Because the $300,000 mortgage usurps the $200,000 value of the homein other words, the mortgage is for more money than the home is worththen the judge may declare that your second mortgage is actually an unsecured debt, as opposed to a secured debt.
This unsecured debt is then lumped in with your other unsecured debtsthings like credit cards and loansto be repaid as part of the repayment plan in a Chapter 13 case. This is a huge bonus to you, because in that Chapter 13 repayment plan, all of your unsecured debts are lumped together and you may be required to pay back only 1%, 2%, or 3% of that debt over the course of five years. At the end of that five-year period, the rest of the unsecured debt will be discharged.
How Much You Can Save
Being granted a strip off can allow you to get rid of 97%, or more, of the second mortgage you took out on your home. In the majority of strip off cases I handle, homeowners have second mortgages totaling between $70,000 and $140,000. Therefore, people could be saving $135,000 from a $140,000 loan by filing a motion for a strip off.
While a strip off could potentially save a homeowner thousands of dollars, unfortunately, it won't work for everyone. Not only must you have a second mortgage in order to do a strip offsince first mortgages or deeds of trust cannot be converted into unsecured debtsbut you also must be filing for a Chapter 13 bankruptcy, as opposed to a Chapter 7 bankruptcy.
What I Do for My Clients
I do at least one strip off per week for my clients in Warrenton, VA. In my opinion, anyone working with a bankruptcy attorney in a Chapter 13 case should discuss strip offs as a viable opportunity to discharge a portion of debt. However, not all attorneys are letting their clients know that a strip off could be a viable option. Many bankruptcy attorneys don't spend much time with their clients, and therefore they never get around to discussing things like strip offs and other case details. There are even bankruptcy attorneys who tell me they only spend 15 minutes with their clients.
Usually, I personally spend an hour and a half with my clients during each initial free consultation, rather than passing them off to an assistant. I always give clients and potential clients my email address and phone number so that they can reach me at any time. That personal attention is what keeps my practice so busy, since one of the biggest ways that bankruptcy attorneys gain clients is through word of mouth referrals. I recommend anyone who is considering filing for bankruptcy with a second mortgage ask his attorney whether a strip off is a viable option in his particular case.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
Understanding a Strip Off
By: John Carter Morgan
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