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    truckerfrank's Avatar
    truckerfrank Posts: 1, Reputation: 1
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    #1

    May 1, 2013, 01:22 PM
    Second Mortgage co not on title.
    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    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.
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