Removing Heloc Lien? =C2=A0 =C2=A0 Listmates, =C2=A0 H=
Posted: Fri Feb 16, 2018 9:54 am
Pat is correct as to the individual. But the lender still has a lien, and can threaten to foreclose. In this situation, I might tell the lender "bring it on." Not a rational lender if it forecloses on an underwater lien.
On Thursday, February 15, 2018 3:08 PM, "Patrick Green pat@fitzgreenlaw.com [cdcbaa]" wrote:
Nancy: The collection actions are a discharge injunction violation. If you have any questions or concerns, please contact me. Pat Patrick T. Green 1010 E. Union St. Ste. 206 Pasadena, CA 91106 Ph: 626-449-8433 Fax: 626-449-0565 Email:pat@fitzgreenlaw.com CONFIDENTIALITY NOTICE: This e-mail transmission (and/or the attachments accompanying it) may contain confidential information belonging to the sender which is protected by the attorney-client privilege. The information is intended only for the use of the intended recipient. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. Any unauthorized interception of this transmission is illegal. If you have received this transmission in error, please promptly notify the sender by reply e-mail, and thecom [mailto:cdcbaa@yahoogroups.com]
Sent: Wednesday, February 14, 2018 2:00 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Removing Heloc Lien? Listmates, How can debtor remove a Heloc lien from her current residence? Lien is about 65k. Debtor filed ch 7 in 2011 and received a discharge. Debtor listed both 1TD and Heloc. Debtor's home was underwater then, and is still underwater now.The Heloc creditor stopped collecting after her discharge in 2011, but a newly assigned debt collector is now trying to collect from debtor. Can debtor file a ch 13 now and strip the lien under 506? In a ch 13, couldn't debtor deem the underlying Heloc debt as eliminated based on earlier ch 7 discharge?
Any thoughts are greatly appreciated. Thank you! Best rega
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