Motion To Avoid Lien Form For Mortgage

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Multi-State
Control #:
US-03348BG
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Word; 
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Description

The Motion to Avoid Lien Form for Mortgage is a legal document utilized in U.S. bankruptcy proceedings where a debtor seeks to negate a creditor's judicial lien on their property. This form includes essential sections where the debtor identifies themselves, the lienholder, and the specific property in question, along with necessary financial details like property value and judicial lien amounts. Key features of the form involve supporting evidence for the debtor’s claim, such as the basis for property valuation and the calculation of lien impairment under 11 U.S.C. § 522(f). Filing instructions require accurate completion of all financial figures and proper service to the respondent's attorney. This form is particularly useful for attorneys, partners, and legal assistants who assist clients navigating bankruptcy. It supports clients in asserting their rights to exemptions on their properties. Paralegals can benefit from understanding the procedural steps in lien avoidance, while associates can ensure compliance with local rules and proper court submission procedures. Overall, this form plays a critical role in protecting debtors' interests during bankruptcy cases.
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FAQ

? Lien avoidance protects an individual debtor's. right to exempt property. ? A debtor can avoid judicial liens and non- possessory, non-purchase money security. interests in household goods (?NPMSIs?) to the extent that the lien or NPMSI ?impairs? the debtor's exemption in the property.

Filing for bankruptcy can eliminate your second mortgage debt. If an appraiser determines the value of your home is less than your first mortgage, or is upside down, Chapter 13 lien stripping may be possible. The bankruptcy court essentially converts your second mortgage into an unsecured debt.

Filing for bankruptcy can eliminate your second mortgage debt. If an appraiser determines the value of your home is less than your first mortgage, or is upside down, Chapter 13 lien stripping may be possible. The bankruptcy court essentially converts your second mortgage into an unsecured debt.

If the lender won't get any money at a sale, your second mortgage is considered "wholly unsecured" and can be stripped through a Chapter 13 bankruptcy. Example. Say you own a house worth $300,000, and you have a $400,000 first mortgage. In this situation, you can strip any liens that are junior to your first mortgage.

What Is a Motion to Avoid a Judicial Lien in Bankruptcy? A Motion to Avoid Judicial Lien is a motion your bankruptcy attorney can file in bankruptcy court to remove an involuntary judgment lien from your house or other property after you have completed bankruptcy.

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Motion To Avoid Lien Form For Mortgage