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View Full Version : Second Mortgage co not on title.


truckerfrank
May 1, 2013, 01:22 PM
I'm going to start the process of chapter 13, and do a lien stripping of my second.
I just found out that through the title search, they never recorded a lien on the title. What can I do about this second mortgage?

AK lawyer
May 2, 2013, 05:31 PM
A mortgage, when properly recorded, is a lien. If they never recorded it, they don't have a lien to be stripped.

List the debt, in your bankruptcy schedules, as unsecured. If they want to claim that they have recorded it, they will have to prove it.