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

New York Fed: Inflation expectations showed little movement in February

ABA DataBank: Fed rate hike reset

Economy
May 15, 2026

Hotter-than-expected inflation data in April pushed financial markets to sharply revise expectations for Federal Reserve monetary policy.

OCC proposes to cite federal preemption of state interest-on-escrow laws

OCC finalizes rules citing federal preemption of state interest-on-escrow laws

Compliance and Risk
May 15, 2026

The OCC finalized two rules to clarify that national banks are exempt from state laws regulating real estate escrow accounts. Both rules were first proposed late last year.

CFPB releases mortgage servicing proposal, overhauls loss mitigation framework

ABA, associations offer recommendations for streamlining FHA financing

Mortgage
May 15, 2026

As part of a recent Trump administration push to expand access to mortgage credit, the Federal Housing Administration should modernize its collateral valuation process to align it with the collateral valuation standards established by Fannie Mae and Freddie...

Industrial production rose in March

Industrial production rose 0.7% in April

Economy
May 15, 2026

Industrial production increased 0.7% in April after decreasing 0.3% in March. In April, manufacturing output rose 0.6%, the index for mining ticked down 0.1%, and utilities output moved up 1.9%.

FDIC adopts changes to signage rules

FDIC updates signage rules Q&A to reflect recent changes

Compliance and Risk
May 15, 2026

The FDIC has updated the Q&As for its signage and advertising requirements to reflect recent changes to the regulation.

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%.

NEWSBYTES

ABA DataBank: Fed rate hike reset

May 15, 2026

OCC finalizes rules citing federal preemption of state interest-on-escrow laws

May 15, 2026

ABA, associations offer recommendations for streamlining FHA financing

May 15, 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.