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 inch down

Economy
April 9, 2026

The rate for a 30-year fixed-rate mortgage was 6.37% this week. The rate for a 15-year fixed-rate mortgage was 5.74%.

IRS issues guidance for ‘Trump Accounts’ for children

ABA seeks clarity in rollover Trump account contributions

Human Resources
April 9, 2026

ABA urged the IRS to clarify how and when a $1,000 pilot contribution to a Trump account can be made to a rollover Trump account at a qualified institution.

ABA points to role of regulators in discouraging bank engagement in digital assets

Treasury to share cybersecurity information with digital asset firms

Compliance and Risk
April 9, 2026

The Treasury Department will offer digital asset firms the same cybersecurity information it shares with banks and other financial institutions, provided the firms meet certain criteria, according to an announcement.

Q3 GDP expands at the fastest pace in two years

ABA DataBank: U.S. GDP moderates in final Q4 estimate

Economy
April 9, 2026

While the U.S. economy expanded at the end of 2025, it was at a more moderate pace than initially expected. Despite the downward revision in Q4, GDP growth remains positive and loan demand could remain healthy.

ABA DataBank: PCE inflation in line with expectations in February

ABA DataBank: PCE inflation in line with expectations in February

Economy
April 9, 2026

Higher price growth will keep pressuring margins and weakening overall profitability for both financial services and their clients, as rising costs and macroeconomic uncertainty erode financial performance.

White House pushes state policymakers to restrict ‘junk fees’

White House report downplays risk to banks from stablecoin interest payments

Newsbytes
April 8, 2026

A prohibition on paying interest or yield on payment stablecoins would do “very little” to protect bank lending “while forgoing the consumer benefits of competitive returns on stablecoin holdings,” according to a new report by the White House...

NEWSBYTES

Mortgage rates inch down

April 9, 2026

ABA seeks clarity in rollover Trump account contributions

April 9, 2026

Treasury to share cybersecurity information with digital asset firms

April 9, 2026

SPONSORED CONTENT

Check Fraud Is Outpacing Legacy Controls. What Banks Should Evaluate Now.

Check Fraud Is Outpacing Legacy Controls. What Banks Should Evaluate Now.

April 1, 2026
How top agricultural lenders are approaching AI, automation and innovation in 2026

How top agricultural lenders are approaching AI, automation and innovation in 2026

March 2, 2026
Top 7 FP&A Trends in Banking for 2026

Top 7 FP&A Trends in Banking for 2026

March 1, 2026
How Instant Payments Can Accelerate B2B Payments Modernization

How Instant Payments Can Accelerate B2B Payments Modernization

February 3, 2026

PODCASTS

Podcast: Are credit union commercial loans risky business?

March 30, 2026

Podcast: Risk and strategy in sponsor banking

March 19, 2026

Podcast: From stablecoin to fraud, top takeaways from the 2026 ABA Summit

March 13, 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.