Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Thank you! It is my ex-husband's name. I kept it because it is more colorful than my maiden name (Harris).
A Pond motion is available in a Chapter 13 only. It is the motion you have to file to have the second mortgage "stripped" of its secured status, thereby becoming unsecured debt. This cannot be done in a Chapter 7.
If you file a Chapter 7, the second mortgage lien will still be attached to your condo. This means you will not ever be able to sell it unless the second mortgage agrees to remove the lien - perhaps by accepting a portion of the balance. But if they will not remove the lien, you won't be able to sell the condo.