Language for Stipulation Avoidance of lien
Posted: Wed Dec 16, 2009 3:59 pm
Dear Listmates:
Can anyone share with me a stipulation to avoid a real property ien? Also, in one provided by a large bank, they included the following provision, among others:
"XXXX Mortgage's claim ("Claim") secured by second deed of trust on the
Property ("Deed of Trust") shall be allowed as a non-priority general
unsecured claim. XXXX Mortgage is required to file an amended proof of
claim listing the Claim as an unsecured claim to be paid in accordance
with the debtors' Chapter 13 Plan."
Is this accurate? It makes sense but also seems in conflict with 506.11 but only as it relates to 506(d) and 1322(b)(2).
Thoughts?
Stephen M. Stern, Esq.
Law Office of Stephen M. Stern, PLC
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