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In re Espanol

In re Espanol

Ruling
Confirmation denied due to proposed modification of rights of holder of claim secured by mortgage on debtor's primary residence denied.
Issue(s)
Whether a "due on sale clause" in a mortgage covering the debtors' principal residence triggered by a pre-petition default can be modified in debtor's chapter 13 Plan?

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Consumer opinion summary, case decided on April 22, 2014 , LexisNexis #0514-064