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Limitations on lien stripping

The Bankruptcy Code prohibits the stripping of voluntary liens secured only by the debtor's residence.  Thus under- secured mortgages on the debtor's home cannot be reduced to the present value of the property as can liens on some vehicles, etc.  

Voluntary liens are mortgages, deeds of trust, and home equity lines; involuntary liens are judgment liens and tax liens.

The circuit courts of appeal are split on whether a voluntary lien on the debtor's residence that is not secured by any value (that is, the senior liens equal or exceed the value of the property) can be stripped.  

In the 9th Circuit, which includes California, liens can be stripped if there is no value securing the mortgage sought to be stripped.

 

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