Author Archives: jgithuku

Fourth Circuit Allows Cramdown of Personal Residence Mortgages

The en banc fourth circuit panel overturned a two-decade-old precedent and held that section 1322(c)(2) “authorizes modification of covered homestead mortgage claims, not just payments, including bifurcation of undersecured homestead mortgages into secured and unsecured components.” Hurlburt v. Black, No. 17-2449 (4th Cir. May 24, 2019) (en banc). Larry Hurlburt bought his home from Juliet Black. The mortgage […]