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Marina, CA |

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

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Attorney answers 3


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.

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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.

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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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