Tag Archives: Mortgage

Removing Second Mortgages in Bankruptcy

Chapter 13 bankruptcy allows a debtor to remove a secondary or junior lien when the lien is completely underwater.  A lien is completely underwater when the value of the property is eaten up by a superior lien.  However, secondary or … Continue reading

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Who Can Enforce Your Mortgage?

In order to foreclose on your home, the mortgage company must show that you are behind on your mortgage payments and that they are the holder of the mortgage. If the mortgage company cannot prove that you obtained the loan … Continue reading

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Mortgage Interest

Anyone who owns a home as their primary residence and has a mortgage on the property can deduct the mortgage interest as an itemized deduction on Schedule A of their personal income tax return. In order to deduct the amount … Continue reading

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Challenging Capacity to Sue

Whether a plaintiff is entitled to sue as holder of a note (mortgage) is an issue of capacity. A party’s capacity to sue can only be brought up by a motion by a defendant or in the defendant’s answer.  If … Continue reading

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