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WHAT ARE CURRENT RULINGS TO BK7 A SECOND MORTGAGE?

Marina, CA |

What is the current status of Lorraine McNeal v. GMAC Mortgage (2012) that would allow the BK 7 of a second mortgage?

Attorney Answers 3


  1. Best answer

    You indicate that you're in California, which is the Ninth Circuit.

    Lorraine McNeal v. GMAC Mortgage is a case in the Eleventh Circuit.

    It's not binding here in California, and to my knowledge, there is no similar case to it in our circuit.

    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.


  2. It is on appeal to the circuit courts. It will likely be taken up by the Supreme Court. Likely it is going to be reversed by the Supreme Court but who knows.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.


  3. GMAC filed a petition for rehearing to have the matter to be heard en banc, which means an opinion from the entire court and not just a three-judge panel. No word on resolution of that to date.

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