ABA Banking Journal
No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
SUBSCRIBE
ABA Banking Journal
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive
No Result
View All Result
No Result
View All Result
Home Legal

Supreme Court Ruling Protects Second Mortgage Holders

June 1, 2015
Reading Time: 1 min read

The Supreme Court today ruled unanimously against borrowers who sought to void second mortgages in Chapter 7 bankruptcy when their houses were worth less than the balance owed on the first mortgages. ABA filed a friend-of-the-court brief in the cases — Bank of America v. Caulkett and Bank of America v. Toledo-Cardona¬ — arguing that the lower court rulings allowing junior liens to be “stripped off” did not align with previous Supreme Court rulings and would cause widespread disruption in housing markets.

In both cases, Bank of America held a second mortgage with junior lien status on underwater homes in Florida. Because the homes were worth less than the outstanding debt to the senior lienholders, the borrowers sought to void the debt on the second mortgage entirely through the bankruptcy process.

The Supreme Court declined to revisit a 1992 ruling in Dewsnup v. Timm that prevents debtors from avoiding claims in bankruptcy by “stripping down” real property to its current market value, noting that the lienholders’ security interest in the property remains, even if the value of the property is nothing.

ABA noted in its brief that the appellate court’s reasoning would be deeply disruptive, “invalidat[ing] petitioner’s liens entirely without any payment at all. The destabilizing effects of an adverse decision in these cases on the $40 billion market for commercial loans secured by inferior liens are apparent.”

Tags: Bankruptcy
ShareTweetPin

Related Posts

Mortgage rates fall

Mortgage rates slip

Economy
May 14, 2026

The rate for a 30-year fixed-rate mortgage was 6.36% this week. The rate for a 15-year fixed-rate mortgage was 5.71%.

FHFA to create affordable housing advisory committee

House releases text of amended housing bill ahead of vote

Mortgage
May 14, 2026

House leadership has released the text of its amendment for a bipartisan housing bill ahead of a possible vote on the legislation next week.

Report: FDIC not ready to handle regional bank failures at time of SVB collapse

FDIC releases study of 2023 bank failures

Compliance and Risk
May 14, 2026

The FDIC released a detailed analysis of the 2023 spring bank failures, finding that depositors with “substantial” uninsured funds were far more likely to run during the stress than insured retail depositors.

Treasury Department seeks feedback on stablecoins, illicit activities

Senate Banking Committee advances Clarity Act

Newsbytes
May 14, 2026

The Senate Banking Committee voted 15-9 to advance a market structure bill for digital assets. ABA and other groups continued to urge for further tightening of the prohibition on interest-like rewards for holding stablecoin.

Trump to nominate Miran for Fed board seat

Miran resigns from Federal Reserve Board

Newsbytes
May 14, 2026

Federal Reserve Governor Stephen Miran submitted his resignation as a member of the Fed board, effective when his successor is sworn in. He will be succeeded by incoming Chairman Kevin Warsh.

Survey: Banks boosting cybersecurity due to AI while also investing in technology

CISA, G7 release guidance for AI software ‘ingredients list’

Compliance and Risk
May 14, 2026

CISA and the G7 have released joint guidance to help public and private sector stakeholders improve transparency in their artificial intelligence systems and supply chains.

NEWSBYTES

Mortgage rates slip

May 14, 2026

House releases text of amended housing bill ahead of vote

May 14, 2026

FDIC releases study of 2023 bank failures

May 14, 2026

SPONSORED CONTENT

Credit Memos at the Convergence Point

Credit Memos at the Convergence Point

May 1, 2026
Digital Account Opening: Think Outside the Box for Maximum Business Impact

Digital Account Opening: Think Outside the Box for Maximum Business Impact

April 29, 2026
Why Your Systems Keep Slowing Down — and What to Do About It

Why Your Systems Keep Slowing Down — and What to Do About It

April 21, 2026
Planning Your 2026 Budget? Allocate Resources to Support Growth and Retention Goals

How leading banks are enhancing customer engagement through financial data insights

April 10, 2026

PODCASTS

Podcast: How consumer deposits drive full relationship banking

May 14, 2026

Podcast: How an Ohio banker talks with policymakers about stablecoin issues

May 6, 2026

Podcast: Tech transformation and AI to power bank growth

April 29, 2026

American Bankers Association
1333 New Hampshire Ave NW
Washington, DC 20036
1-800-BANKERS (800-226-5377)
www.aba.com
About ABA
Privacy Policy
Contact ABA

ABA Banking Journal
About ABA Banking Journal
Media Kit
Advertising
Subscribe

© 2026 American Bankers Association. All rights reserved.

No Result
View All Result
  • Topics
    • Ag Banking
    • Commercial Lending
    • Community Banking
    • Compliance and Risk
    • Cybersecurity
    • Economy
    • Human Resources
    • Insurance
    • Legal
    • Mortgage
    • Mutual Funds
    • Payments
    • Policy
    • Retail and Marketing
    • Tax and Accounting
    • Technology
    • Wealth Management
  • Newsbytes
  • Podcasts
  • Magazine
    • Subscribe
    • Advertise
    • Magazine Archive
    • Newsletter Archive
    • Podcast Archive
    • Sponsored Content Archive

© 2026 American Bankers Association. All rights reserved.