Overview
The Law Office of Howard L. Hibbard has a long track record of successfully stripping Junior Mortgages. We are regularly retained by bankruptcy attorneys to assist their clients with Lien Strip Motions and represent clients throughout the Bay Area.
If you meet the requirements outlined below, you can make a Motion to have the Junior Mortgages valued at zero (0) in a Chapter 13 Plan. After completion of your Plan payments a Judgment can be entered and recorded with the County Clerk voiding the mortgage entirely. Debtors can save hundreds of thousands of dollars! Please contact us for a free consultation if you have a question regarding lien strip motions, requirements or procedures.
Requirements to File a Lien Strip Motion
In order to strip a Junior Mortgage (2nd or 3rd Deed of Trust) in a Chapter 13 Bankruptcy, several simple conditions must be met:
(1) The property must be the Debtors’ primary residence;
(2) The property must be owner occupied; and
(3) The current value of the Property must be less than the amount due on the First Mortgage.
If you meet these conditions, you are eligible to strip the junior mortgages from you property.
Services We Provide
The Law Office of Howard L. Hibbard charges a flat fee for lien strip motions which covers the following: (1) consultation, phone calls, and status letters to clients, (2) Preparation of all Moving Papers for a Motion to Value Collateral and Strip Lien including Notice, Memorandum of Points and Authorities, Exhibits and Declarations; (3) Research and verification of current Lienholder and Loan Servicer by Litigation Guarantee Report, (4) Preparation of all Request for Entry of Order documents including Request and Declaration, (5) Preparation of Order, (5) Service of Papers and Court Filings.
In the event that an Objection or Opposition to the Motion is filed additional services may be necessary. The Law Office of Howard L. Hibbard is well versed in Bankruptcy trial procedures and has a strong track record of trial victories.
If you have questions regarding lien strips, please feel free to contact our office for a free consultation: contact us.