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Lien Strip Poker – Do Mortgage Companies Have a New Ace Up Their Sleeve?
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By John Gustafson
Standing Chapter 13 Trustee
Northern District of Ohio, Western Division (Toledo)
Recent decisions on the ability to remove wholly unsecured mortgages where the debtor is not eligible for a discharge appears to have produced a new “majority rule” in favor of allowing stripping. See e.g., Branigan v. Davis (In re Davis), 2013 U.S. App. LEXIS 9535, 2013 WL 1926407 (4th Cir. Mary 10, 2013); In re Wong, 488 B.R. 537 (Bankr. E.D.N.Y. 2013).
While eligibility for a discharge may not be a prerequisite for lien . . .
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