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In re Vallejo

In re Vallejo

Ruling
Deed of trust voided where there was no equity in subject property.
Procedural posture

Before the court was debtors' motion to value their residence and to avoid the second deed of trust of a creditor. At issue was whether any equity was available to partially secure the second deed of trust, which would bring into play the anti-modification protection of 11 U.S.C.S. § 1322(b)(2).

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Consumer opinion summary, case decided on February 09, 2010 , LexisNexis #0410-062