I have home line of credit of $110k. 1st mortgage of $50k. Same lender. My house market value $250k. I lost the the home line of credit money in bussiness investment.
General Practice Lawyer
Have you asked your bankruptcy attorney if this is possible?
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
Estate Planning Attorney
Depends on what Chapter of the Bankruptcy Code you are filing under. Under Chapter 7, the answer would be a qualified "yes" - however, if you are interested in keeping the home after the bankruptcy, you would most likely need to continue paying the secured liens (mortgage,HELOC, etc.). Recent case law in Florida (May, 2012) allows for "loan stripping" to remove junior liens (such as the HELOC), but only where the lien is NOT secured by the equity in the home. Since it appears your home is worth more than your first mortgage, this probably is not an option for you. You need to seek the advice of a bankruptcy attorney in Boca as to the best way to proceed.
Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact an attorney for legal advice concerning your matter.
3 lawyers agree
Not possible with your facts.
This answer does not create an attorney client relationship between you and I. I am not your attorney unless we both sign a written contract that describes our relationship and terms of the representation. Any information provided to you here is not a substitute for the advice you need to pursue any legal matter. I advise you to retain the services of a local attorney before taking any legal action in this matter.
The basic answer to your question is that you probably can not due to the equity that you have against your first mortgage. BK still may provide other benefits, especially if the majority of your debt is business debt.
Chapter 7 Bankruptcy Attorney
Based on the dollars and values you indicated, bankruptcy will not eliminate the mortgage and equity loan liens on your home. Though bankruptcy would discharge the debt, due to your equity in the home bankruptcy will not help eliminate the second mortgage or equity line.
The questions and answers posted on AVVO are for general information and should not be treated as legal advice or establishing an attorney-client relationship.