STRIPPING JUNIOR MORTGAGE LIENS IN A CHAPTER 7 BANKRUPTCY

 According to Realty Trac, the State of Georgia has the distinction of being the nation’s number one state for foreclosures of real property. During the month of May, 2012, 1 in 300 Georgia housing units was subject to repossession/foreclosure or notice that the property will be foreclosed.  It has been 6 years since Georgia has had that distinction. Among those properties facing foreclosure, a good portion will probably have more than one mortgage lien attached.  Those second mortgage … [Read more...]

What happens if I simply walk away from my mortgage in Georgia?

A potential client called me the other day and said, “I am upside down on my mortgage and simply cannot afford the house any longer, what would happen if I just walk away?” Obviously, I couldn’t advise him specifically because he was not my client, so I answered the question in a general fashion. The reader should be aware that the answer herein does not provide any legal advice and should not be considered as such by the reader. When a party defaults on his mortgage, the mortgage … [Read more...]