Equity stripping victims win big in court

Law of the Land

Sean and Nicole O’Brien fell behind on their two mortgages of $510,000 after Mr. O’Brien lost his job. In an effort to avoid foreclosure, once Mr. O’Brien was again employed, they filed for Chapter 13 bankruptcy, and made court-approved plans to pay some back taxes and get back into good standing with their mortgage lender, according to court records.

After a few months, Mr. O’Brien lost his new job and they again fell behind on their mortgage payments, and their first mortgage lender asked the court to allow them to foreclose.

The court stayed the foreclosure sale to allow the O’Briens time to consummate several attempts to sell and refinance the home, but these efforts all fell through.