Bank of America, N.A. v. Vander Iest
Opinion
The sole issue on this appeal is whether Section 506(d) of the Bankruptcy Code allows a Chapter 7 debtor to “strip off’ a valid junior mortgage lien when the debt secured by the senior lien exceeds the value of the collateral. Appellant, Bank of America, N.A., concedes that our precedent in Folendore v. Small Business Administration, 862 F.2d 1537 (11th Cir.1989), and McNeal v. GMAC Mortgage, LLC, 735 F.3d 1263 (11th Cir.2012), clearly hold that such a lien may be “stripped off.” (Appellant’s Initial Br. at 4). Consequently, we affirm the judgment of the district court.
AFFIRMED.
Free access — add to your briefcase to read the full text and ask questions with AI
578 F. App'x 906 (Bank of America, N.A. v. Vander Iest) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.