I do quite a bit of bankruptcy law and have a multitude of cases where the bankrupt lost their homes to the mortgage company as a secured creditor. If the bankruptcy trustees or bankruptcy court judges believed there was good law to claim that these properties were unsecured, they would go after the property in a New York minute. However, no bankruptcy trustee or court in the entire country has tried to claim that these mortgages are void or even voidable.
If you do not make payment arrangements it is over with. I got involved in car finance for a few years, every time I got a bankruptcy notice I would hang it on the wall, twenty four hour after the hearing I would repo the car. I was always getting those calls I filed bankruptcy you cannot get my car. Always a good laugh.
I do quite a bit of bankruptcy law ..... to the mortgage company as a secured creditor.
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Maybe you should update your skills ,, if the mortgage is securitized list it as an unsecured assett and make the lender prove chain of title .. your claim about a lack of case law in the way you stated it is valid but deceptive ... MANY people have taken that route and won as it is easier than going QT outside of BK.
The failure of to disclose the real lender is a violation unto itself leading to various remedies and consequences — especially as to perfection of the lien, and providing the context for a transaction with clear title. But the intentional act of FALSELY stating the name of the Lender without any reference to disclosing a principal or under ordinary principal agent rules, and the failure to provide either the real lender or the borrower with the documents (some of which should have been recorded in the title registry in the country recording office) creates a fatal defect in perfecting a lien to the point where the note is a nullity and the mortgage or deed of trust is nothing more than a wild deed. Any subsequent foreclosure sale in which a deed is used on a credit bid would similarly be a wild deed subject to either being ignored as void or voidable by judicial action.