Certified Forensic Loan Auditors, LLC

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Debtor in a Ch 13 Bankruptcy can Strip Off 2nd and 3rd Mortgages as Unsecured Debt

June 20, 2014

Debtor filed a voluntary petition for relief under Chapter 13 of the Bankruptcy Code, seeking to determine the secured status of the second and third mortgages held by Wells Fargo on debtor's principal residence. At issue was whether debtor can "strip off" a wholly unsecured junior mortgage in a Chapter 20 case. The court concluded that the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) did not prohibit this result. Accordingly, the court affirmed the Bankruptcy Court's determination that debtor could strip off Wells Fargo's second and third liens on the residence because they were wholly unsecured.

Tahisia L. Scantling Case (PDF)

Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager


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CFLA was founded by the Nation's Leading Foreclosure Defense Attorneys back in 2007 to serve the Foreclosure Defense Industry and fight pervasive Bank Fraud. Since opening our virtual doors, CFLA has rapidly expanded to become the premier online legal destination for small businesses and consumers. But as the company continues to grow, we're careful to hold true to our original vision. For us, putting the law within reach of millions of people is more than just a novel idea—it's the founding principle, just ask Andrew P. Lehman, J.D.. With convenient locations in Houston and Los Angeles, you can contact Our National Account Specialist and General Manager / Member Damion W. Emholtz at 888-758-2352 for a free Mortgage Fraud Analysis or to obtain samples of work product, including cutting edge Bloomberg Securitization Audits, Litigation Support, Quiet Title Packages, and for more information about our Nationally Accredited and U.S. Department of Education Approved "Mortgage Securitization Analyst Training Certification" Classes (3 days) 24 hours for approved CLE & MCLE Credit (Now Available Online).

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