Legal Question in Bankruptcy in Florida

Re: mortgages

Discharge of the personal liability and avoidance of the lien are two different issues. In a Chap. 7, you would discharge the personal liability, but the lien would survive. But it may be possible to avoid the lien. If your first mortgae is for less than the value of the property, so that the second attaches to equity in the property, you will not be able to avoid it in either Chap. 7 or 13. If the first is for more than the value of the property, you MAY be able to avoid it, depending on whether your court agrees with those cases which allow it. It is more likely you may do so in a 13 than a 7.