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If I file Chapter 7 Bankruptcy can I still keep my house?

April 05, 2007

If you file Bankruptcy there are some things you need to know.
1. If you file chapter 7 and want to keep the house you need to re-affirm the house with your Mortgage Company.
2. If you file Chapter 13 you need to maintain your normal house payment in addition to the Bankruptcy payment.

When you file a Chapter 7 Bankruptcy and intend to keep the home you need to file the re-affirmation paperwork. The reason is if you don't and you get behind on the payments... the Mortgage Compony will not work with you and will require the full amount that is past due. If you filed the paperwork they may work with you and approve you for a workout to repay the delinquency over time.

This is a question that was asked to us over our website questionnaire by a prospective client.

"I filed Chapter 7 bankruptcy and need to know any options I have at this time. Court Summons filed March 28,2007 and I have 28 days to respond.


This is why we bring up the point about filing the re-affirmation papers. If you did file them then there are many options that would be available to you. If you did not then you will be required to catch the loan up in full.

Basically the re-affirmation paperwork makes you responsible for the loan again. The Chapter 7 erased that responsibility from you. The Mortgage Company will allow you to stay in the home as long as you continue to make the payments if you did not file, but once you get behind you are done.

This entry was:
Posted By Darin at 10:17 AM
Comments (90) | Categories: Bankruptcy, Ocwen, Foreclosure Information, Avoid Foreclosure, Ohio Foreclosure | Tags: bankruptcy questions stop foreclosure ocwen ohio dont file bankruptcy

Related Entries

  • 5 months behind and it is not looking good for me - March 31, 2008
  • Foreclosure madness… - September 20, 2006
  • I thought the Loan Modification was supposed to help our situation... it didn't - March 2, 2009
 

Comments

I filed Chapter 7 - 2 years ago, we continued to pay our house payment, but did not sign the reaffirmation paperwork. We have now fallen behind. If we cannot catch up will we have a foreclosure on our record?
Posted By Amanda on June 22, 2007 at 11:34 PM
i have two loans in foreclosure
right now.
we have 6 grand
and we make 111,000
a year

if i filed bankruptcy does this means wont have to pay what is owed on the property.

please help i want to keep property.
Posted By andrew on July 03, 2007 at 11:55 PM
If I have a adjustable arm and file
Chapter 7 and file reaffirmation to keep the house. Will the interest rate become a fixed rate.
Posted By Brenda Nesbitt on July 09, 2007 at 05:39 PM
We recently filed for Chapter 7 but really want to keep our house. We are behind in the payments, which are on an ARM. We don't make enough money right now to take up the current payment, but we could get enough money to get caught up if AMC would work with us in refinancing the mortgage. We owe more on the house then it's worth, however the chance of selling is about nill, since the economy here is very poor. Is there anything we can do or are we completely hopeless?
Posted By Nancee on July 30, 2007 at 06:19 PM
I have some investment properties in ohio that are starting to become distressed and I fear falling behind... if I can't keep up with them and let them go into short sale/deed in lieu /foreclosure can I lose my own residence to creditors? I'm wanting to work something out but am trying to plan the best route to take so I can be prepared.
Posted By Corner on August 06, 2007 at 08:02 AM
I am trying to reaffirm my house while filing chapter 7. The mortgage company wants 3000.00 to reaffirm. What can I or my lawyer do about this?
Posted By mONICA wRIGHT on August 09, 2007 at 07:47 AM
I FILED CHAPTER 13 MY HOUSE DID NOT GET IN IT BUT MY BEHIND PAYMENTS DID NOW I OWE FOR JULY AND AUGUST WAS DUE ON THE 1ST, THE LOAN CO. SAYS THEY ARE FILING TO HAVE MY HOUSE LATE PAYMENTS THROWN OUT TO TAKE MY HOME IS THERE ANY WAY AROUND THIS?
Posted By SIMMONS on August 17, 2007 at 07:46 PM
my ex husband filed bankruptcy. I am keeping the house payments up. Can they take it for his bankruptcy??
Posted By kim walker on August 22, 2007 at 12:23 PM
I filed a chapter 13 because i was behind in my house payments.. My mortgage is a ARM.. which my payments are not almost 1800.00 i would like to file a chapter 7 to keep my home.. would i be able to get a fixed rate and could i file a chapter 7 and still keep the house
Posted By Dora kwak on August 26, 2007 at 09:25 PM
I bought my house a little over a year ago and i intend to file a chapter 7. Will I be able to keep the house? I don't have any equity into it, will they make me sell it. spokane, washington
Posted By hailey on March 22, 2008 at 12:01 PM
I got a notice for foreclosure on my Home. I am back on payments for past 3 months and prior to that I had got an extension for 3 months, which the mortgage company revoked, so now it became 5 months past due.
Unfortunately I lost my Job and I am the only earning member of the house.
I have filed for un-employment, which would not be enough.
Now if I file for bankruptcy (Chapter 7), what would happen? Will I be able to keep my home or if it goes ahead with foreclosure, and is sold less than the remaining mortgage (which is highly possible), will I be responsible for the remaining money? Please help me. Please advise.
Posted By BN on March 23, 2008 at 08:01 AM
we filed chapter 7 in state of mo 6 years ago, we continued to make our house payments, now we are 3 payments behind and a chance of foreclosure. we owe more than its worth, what are our options?
Posted By gale on April 01, 2008 at 09:59 PM
I have a question, I filed for bankruptcy chapter 7 that was discharged in 09/2000. Because of failures in my personal and financial life, I need to file again. I want to file immediately to save my house, but I was told I must wait until June to file chapter 7. Can I file now chapter 13, and then change it to 13 in a few months, so that I save my house now and lose my hefty debt that is so much to pay back?
Posted By Dave on April 03, 2008 at 01:31 PM
im wanting to file chapter 7 and my ex girlfriend is on my house loan will she be held responsible or will she be forced into bankruptcy also if she wants out from the house to?
Posted By Jason on April 08, 2008 at 08:06 PM
I bought my house cash 16 months ago. If I file chapter 7 will it affect my house. it is jointly owned with my wife
Posted By mary feehan on May 18, 2008 at 02:59 PM
We have a home that we want to keep, our 1st mortgage is on time and we are doing good with that, but we are behind on our second, can we file a Chapter 7 and still keep our home, and through in the 2nd mtg co.?? Thank you
Posted By Lainey on May 29, 2008 at 10:56 AM
we file chapter 7 back in 2004. we have about 3 yrs left on the house payments. we wanted to refinance the house to get another car. but the finance company said no. that the need a re-affirmation paper. in our bankruptcy papers there is a paper that we signed stating that we will still be making payments on the house. they said that the papers are not the right ones. that they can't help us unless the house is paid off. is this true

thank you
Posted By annamay on June 03, 2008 at 09:06 PM
We are over 9 months behind on our house payment due to my wife being in the hospitol and my lay off back in sept. of 07' our home has been put up for sheriff's auction at the end of this month. my wife is now back to work and i am curently collecting unemployment. is there any chance of us saning our home?
Posted By Bradley Southern on July 14, 2008 at 08:32 AM
I hate dealing with Ocwen Mortgage. I guess that is a mild understatement. Ocwen bought my mortgage 1 1/2 years ago and it has been nothing but headaches and BS since then. My mortgage has went up twice, without notification and they have messed up my escrow now. We are behind by my choosing, because of the escrow. There is $1024.35 that Ocwen got from us but can't seem to tell us where that money went and/or why. I have done the math and it doesn't work. I changed my insurance company in March to lower my payments. I was paying $4800.00 a year for homeowner's insurance and now I'm paying $2605.00. (Ocwen mailed out payments to both and I am fighting to get the money back from the insurance company that I cancelled with.) Also, my homestead exemption kicked in as of Jan 1st 2008. I called and guess what? They hadn't applied it to my mortgage. I fought like hell to get it in place. (2 months time, BTW.) My payment should have gone down by close to 600.00 a month. But, they called on Friday to inform me now that my mortgage payment has gone up, ironically the exact amount of money that I saved via insurance and taxes to the penny. LOL. Also, to inform me that they don't pay my taxes, although they have for 2 years and it is in my contract that I make one payment, which includes prin+int+ins+taxes. They state that they have paid my taxes to date simply as a courtesy. LOL. A courtesy? How about this, per my contract? They did not have the original contract in front of them and the girl tried to start bullying me. LOL. I don't bully easily. It's simply not worth it to me. Now they have called 26 times since July the 1st and 50% of the time when they hear my voice they hang up. You can hear the typing in the background. LOL. They did call and asked for my husband, and he says 'My wife handles all of the finances.' I kept them on the phone for 49 minutes yelling at them and asking them to get it together. That was pointless. Here is the other funny thing, I am NOT on the loan, I am strictly on the title. Yet, they report it late on MY credit. ILLEGAL!!!! I did not sign, not one document in regards to the loan, my husband did. I have spent so many hours dealing with them and have yet to speak to the same person twice. There is always a different story. I refuse to submit to them and I refuse to allow myself to be ripped off any longer. I am trying to find an attorney who will help start a class action suit. It seems that this needs to be done. Although after much research I realize that the courts usually side with Ocwen. Ocwen makes sure that the venues get changed to where there are more favorable judges (my guess judges that own stock or being paid on the side, it's sad but this is our country.) I have resolved myself to letting go of the property and letting them lose money on their investment. Currently, we owe $326,000. The house is valued at $250,000 in this market. My husband and myself have realized that the stress from dealing with Ocwen isn't worth our health or happiness. Quite honestly, it pleases me to no end that they will lose money in excess amounts. LOL. I have gotten to the point where I actually make fun of the people when they call me. LOL. I know it sounds childish but when you are dealing with them and can't get a straight answer or speak to somebody that speaks ENGLISH, I'm kind of left with little else, except wait for them to foreclose. Which I am doing. I love my house very much but not at the expense of my family. Ocwen's stock has been on a steady decline for about a year and a half. Sound familiar? That was when they took over my loan. My advice to all or some, is simply this: let go. Let Ocwen suffer the loses. I have given up on the fact they will help the situation or fix their problems and I'm NOT going to pay them another red cent. They can kiss my a**. :-) I believe in a matter of time the government will step in and Ocwen will lose their a**es. I will try and find an attorney in the meantime to try and help us out of this pickle, even bankruptcy. If and when I find an attorney that is willing to help ALL of us out and away from Ocwen, I will post his/her name for all of you and every site that I can. I would rather an attorney make money than them. If any of you get an attorney that is willing to handle this, please post their name for others. I wish you all well and hope that you all get away from Ocwen. I read that somebody called them The Mortgage Mafia. LOL. How true. Remember this, it's just a house. It's not worth you or your happiness or your family's health or happiness. It is simply a material possession that can be replaced. Let Ocwen suffer the losses, not you. Life sucks as it is right now don't let them make it worse. Take Care.
Posted By Tonya on July 14, 2008 at 01:16 PM
My mother-in-law is about to loose her home because she is on social security and cant make her mortgage payment. She refinanced her house to help her children with the intention of selling in a couple of years before the payment went up. The housing market, as we all know, took a plung and she cant sell her house. She started a quick sale with her realator for 90,000 less than she ows on the loan. Is there anyway she could bile bankruptcy to save her home as she has no where to go.
Posted By Diane on July 15, 2008 at 12:36 PM
I want to file chapter 7. I am current on my mortgage and my car note and do not want to add these in bankruptcy. I have tons of credit card debt and medical bills that I want to include in the chapter 7.Can chapter 7 work for me or do I have to file 13 in the state of Mo?
Posted By Mary on July 19, 2008 at 09:53 PM
I recently filed bankruptcy and hsve a case number. I am current with my mortgage. But I owe this month's real estate taxes but don't have enough money to pay them until October. Will it make a difference in my case?
Posted By ROBERT ALEQUIN on August 14, 2008 at 12:32 PM
my ex quit claim deed my house to me. Now I am facing foreclosure and my ex will not sign on a loan modification. The sheriff's sale is Sept. 2, 2008. Can I force him to sign?
Posted By mila on August 28, 2008 at 07:01 PM
my lawyer didn't reaffirm on my house. i pay the payments on time what would be the best thing to do. help
Posted By lynn on August 30, 2008 at 09:11 PM
I filed a chapter 13 bankruptcy, i am now behind on my mortgage payments by 5 months, what options do I have now?
Posted By Janea Stemmons on September 04, 2008 at 01:05 PM
I filed for chapter 13, yesterday the court order the case to go for chapter 7. I'm not behind on payments, the house has no equity, or may be small portion, also, I have a judgment from state court. Question: can I keep the house if I don't oppose chapter 7 conversion and also get rid of the judgment?
If you can call me at: 415-251-3566
Posted By Rudy Velasquez on September 11, 2008 at 11:57 AM
have a business ,due to lack of funds got very behind in payments..have a home and want to keep that.and business is in one name not in spouse,yes im married..what type of bankruptcy do i file...i dont make much money to pay on chapter 13 payment plan.i hav read both chapter 7 & 13.bankrupcy,but im confused?help me.explain what is the best thing for me to do.debt are apx.250,000.my annual income is 26000.
Posted By ann on September 13, 2008 at 09:30 AM
I filed Chapter 13 to keep my home and it was converted to Chapter 7 because of the loss of income. My mom is my co-debotr, can she file the Chapter 13 to save the home?
Posted By Miralva De Alva on September 22, 2008 at 01:25 PM
If I were to file for Chapter 13 and make payments for 17-18 month could I then file BK 7 to discharge remaining debt. I am not eligable to file chp 7 till 2/2012
Posted By Mark on September 23, 2008 at 12:33 PM
i need to know what can i do i want to get out my house because i file charter 13 and i need to get a low income appartment beacause i am behine on my payment right now
Posted By raquel on October 13, 2008 at 08:54 AM
We just filed for bankruptcy, however the lady that is doing this for us did not tell us that we had to re-affirm with the mortgage company. We were already behing on the mortgage about 6 months when we filed and she new that. What will happen now? Will we be forced to foreclose? Our auction date is in 2 weeks. What do we do? I was told that we could just send the bank info on the bankrupcy and that would be sufficient. Please help, I don't want to loose my house.
Posted By Aida on October 30, 2008 at 05:35 PM
I worked for Cadbury Schweppes as Regional Manager (Quality Control and processing engineering) from 1-1-1979 till 2-12-2007. OnJanuary 2007 they asked me

to retire as they were downsizing. and they pay me my regular salary for one year as severance( I was born 12/07/1941).

I was able to make my monthly mortgage payment till February 2008. I am retired however, I decided to get a job so I went to truck driving school and I got

my CDL truck driving license, and I am looking for a job as truck driver.

On June 2006 my house went up in value to $570,000 that why I decided to refinance and pay my bill and spend some money on my house to increase the value.

The 120,000 that was financed divided as follows:

The lender broker and closing fee was $34,000 and I paid $35,000 bills and I got cash about $45,000. I spent about $20,000 on renovating the house.

I tried to refinance the house to get a better interest rate, however the value of the house went down to approximately $295,500 and I owe $520,000.

I could not afford for the time being until I get a job as truck driver. the government will try to help the home owner from foreclosure.

Also the Federal government will help Fannie Mae and Freddie Mac.

I am also looking for government grants to help me pay part of the house so that will lower my monthly payment.

I know the bill was passed by the congress and the president signed it and it will be effective on October.Would filing chapter 7 or 13 will help. Can I get a paralegal to file instead of lawyer because Because I have a limited budget. I also owe $21,000 to credit cards.
Posted By Frank E Sharaby on October 30, 2008 at 08:17 PM
i filed chapter 7 bankruptcy last friday, and just received a notice that my mortgage company has taken me off of the repayment program they set up for me. initially, i was 4 months behind on my mortgage and was in default. my mortgage company wanted to work with me and set me up on a payment plan that increased my usual payment by an additional 400 a month for 5 years. it is difficult but we are maintaining the payments.

so my question is, is it to late to inquire with my mortgage company about keeping my house? before filing, i have intended on keeping my house and car. my budget is tight but i have squeezed my 1st and 2nd mortgage and car payment into my small income. please HELP!!
Posted By Denise Cabanas on November 02, 2008 at 01:21 AM
My wife and I filed Chapter 7 - 3 years ago and listed our home in the bankruptcy. We went through a divorce 2 years ago and the divorce court awarded that I could keep the house and I would be responsible for the mortgage payments. The divorce court ordered that I had to either refinance the house or sell it to remove my exwife's name. For 2 years, I continued to make the house payments, but there was never a reaffirmation.I tried to refinance the house, but was unsuccessful. I put it on the market for a year and a half and could not sell it due to the decline in the housing market. I had no choice but to let the house go into foreclosure. Since the debt of house was previously discharged in the bankruptcy and nothing was ever reaffirmed, will the foreclosure additionally affect my credit now?
Posted By Marla Purdy on November 06, 2008 at 07:54 AM
If a home is discharged in a chapter 7 bankrutcy and then later is foreclosed on, is there any difference in the affect to my credit?
Posted By marla purdy on November 06, 2008 at 07:59 AM
Do both parties on the original mortgage have to sign the reaffirmation?
Posted By marla purdy on November 06, 2008 at 08:02 AM
i own a small company that has taken a big hit with the economy.my companies dunn and bradstreet report is good because i was stupid and bought my equipment with my personal credit.i own 2 homes,because my original home was sold and i bought a new one before i closed on my current home and the people buying my first home there loan fell threw 5 days before closing.my question is i am current on everything but the first house i am 2 months behind, i have been juggeling everything for 2 years now and i cant keep up anymore.all i am concerned with is keeping 1 semi truck and my current home. can i file bankruptcy and do this or what.i now have my first home sold contract for deed but i am not sure he is going to be able to buy it outright from me in march like he agreed to.the house i am currently living in was valued at 500,000.00 but now is worth 335,000.00 and i owe 334,000.00.what do i do
Posted By scott on November 21, 2008 at 11:05 PM
My ex-wife just filed for bankruptcy. The truck I drive is still in both of our names. I have been ordered by the court to remove her name but due to our failed credit I am unable to find anyone to finance so I kept it as is with her still on the lease.
She (my ex wife)tells me that they (auto finance company) will come get the truck when they know of the bankruptcy that she has filed. I am current on my payments and intend to keep making them on time. I need the truck for work and want to know how I can keep the truck.
Posted By Steve Bishop on November 24, 2008 at 09:35 PM
My husband file for bankrupcy chapter 7,due to a recent death in the family we are now behind our payment which include the mortgage and trustee paymens too.Also behind our taxes. How can you help us? Can we file chapter 13, so we can keep our house?

Thanks

Josie
Posted By Josie/David Mompoint on December 20, 2008 at 02:48 PM
If a home is discharged in a chapter 7 bankrutcy and then later is foreclosed on, is there any difference in the affect to my credit?
Posted By Mark on December 30, 2008 at 03:55 AM
my name is james kwak

the story is this.. i bought my home in 2004 for 155,000.00 I fell behind in my payments and in 2006 i filed a chapter 13 because of foreclosure.

My payments to the trustee have been on time, however i did fall behind again due to health reasons. I am considering filing a chapter 7
Posted By james kwak on December 30, 2008 at 11:51 AM
I have filed chapter 7 bankrupcy and i'm about three months behind in my mortgage payments if i do not reaffirm my loan will the mortgage company work with me to lower interest rates or redose my balance, especially in light that i owe about 100 thousand more then my home is worth
Posted By cheri wiliams on December 31, 2008 at 06:51 PM
We are preparing to file ch 7 and want to keep both of our investment property (long story) but we live in a more expensive area and rent the home we live in. We are ok on one home but the other we are seriously upside down. Have you heard recently if when filing banks are willing to reaffirm at lower balance? We owe 426k with all the short sales and REO's around us it is now worth 165k. I am hoping that they will lower to 200k so that they will atleast get something. Not sure if they are that desperate yet. Any thoughts?
Posted By Cecilia on January 22, 2009 at 05:31 PM
I owe $138000. on my house my interest rate is 10.68. The mortgage co. said I could refinance in a couple months but now they wont let me. If I file chapter 7 and give it back and it sells for less do I owe anything? Will they guarnish my wages? They say I can afford the payments but I'm hardly getting by. I also pay taxes and ins. seperate.
Posted By L Oneill on March 05, 2009 at 09:29 PM
I am having problem paying my bills, I want to file bankruptcy, but I am not sure. I have 7 building personally. I want to keep three of them that I can afford to pay for. Can I keep the the three and still file chapter 7. They are worth less then the mortgage at this time. Please advise
Posted By John Webby on March 07, 2009 at 08:45 AM
My parents bought a house for me with an equity loan on their house. The new house is in my name, but I am making the payments. The deed is in my name. Will I loose the house if I claim Chapter 7. I just moved here and really want to keep it.
Posted By Peggy Ragusa on April 26, 2009 at 05:41 AM
We had some dispute with our mortgage lender because of their wrongdoings and high rates, the disagreement continued so we have not paid for the last 2 years.

Our attorney advised us to file for Chapter 7 and said we can keep our house, but I am in fear because I heard otherwise.

I just received the Summon from Land Court to answer by June 1st. Our bankruptcy paperwork haven't started.

What should I do? Please help.

Thank you.

Susan
Posted By Susan Le on May 14, 2009 at 10:46 AM
I was going to file chapter 7 but I want to keep my house...I need the bank to work with me on the rate/term and principal as well as the 30k I'm behind in payments. The house is valued at 180k less than I owe. I am working steady but my income is down 75% from when I purchased the house 18 months ago. I'm not getting anywhere with Countrywide...I'm in foreclosure...Help
Posted By Bill on May 23, 2009 at 01:02 PM
Don't file for Bankruptcy!
We were two month behind on our adjustable rate payment when I tried to get Litton to modify our loan and all they did was give me the run-around! I couldn’t believe it when the guy on the phone actually said that my family shouldn’t eat so much because then we would spend less on groceries and would have more money to make our mortgage payment! What a jerk! He also said we should get a cheaper car and a bunch of other stuff that was really rude. Come to find out the loan modification they were going to give us was a just Forbearance Agreement and all it was going to do was add the payments we were behind on to the back of my loan. Since our interest rate was going to stay the same, this would actually make my payment go up! THAT’S what got me into this mess in the first place! My payments are too high! This whole thing was keeping me up at night worrying about what was going to happen to us. I told my friend at work about this and she said I should call the loan modification company that got her loan modified down to 3.75% fixed interest rate! I decided to call them, and in about 45 days they got my interest rate down to 4.35% and it’s a fixed rate too! The company is First American Financial Group and we are really happy with what they did for us. The website is, w. w. w. TheLoanModFacts . com. We went with them because they have attorneys on staff to make sure the banks do the best they can and they have a 100% money back guarantee. I hope this helps some other people fighting with their loan company! Don’t give up and don’t be intimidated by your mortgage company!
Posted By Stephanie on May 31, 2009 at 05:17 PM
I NEED ADVICE. WE HAVE 67018.91 IN CREDIT CARD DEBT. WE DO NOT HAVE ANY SLOW PAY BUT ARE PAYCHECK TO PAYCHECK AND BARELY STAYING AFLOAT. WE ARE CURRENT ON OUR CARS, HOME AND STUDENT LOANS. SHOULD I KEEP STRUGGLING TO PAY THESE CREDIT CARDS OR FILE BANKRUPTCY? I JUST DONT KNOW WHAT TO DO AND I AM SCARED THAT WE HEADING DOWN A BAD ROAD. WE HAVENT USED OUR CREDIT CARDS AND ARE JUST PAYING WHAT WE CAN TO TRY AND ELIMINATE THEM BUT IT FEELS AS IF THEY ARE NOT GOING ANYWHERE.
Posted By JOSEPH on June 03, 2009 at 08:16 AM
We have a home in Poway Ca and we are current on the mortgage payment. We have a second lien equity line of credit and we are current on that. The second is interest only. My wife has not worked for 9 months and we are worried we will not be able to keep up with the payments. We met with a bankruptcy attorney and he informed us that he can strip the second lien. Our interest rate on the first loan is 4.5 ARP and fixed for one year. I have asked the bank to refi us and they said it would costs us 6,000 dollars to refi the first. They would do nothing on the second to refi. The first lender I sent in all the necessary paperwork for a loan modification and have not heard a word from them and it has been 6 months since I mailed in all necessary paperwork to request for the modification. We are seeking advice. Help us, or give us information on what we should do to prevent us from having to lose our home.
Posted By Henry Guerrero on June 10, 2009 at 11:46 AM
I have two homes, one of which I am current with all of the payments and the other which is about to foreclose. I have tons of credit card debt and school loans. I want to file chapter but am not sure how it will affect my homes.
Posted By Edith on June 18, 2009 at 02:00 PM
NEED ADVICE. WE HAVE 120,000.00 IN CREDIT CARD DEBT. AND WE TOO ARE PAYCHECK TO PAYCHECK AND BARELY MAKING THE PAYMENTS. SHOULD I KEEP STRUGGLING TO PAY THESE CREDIT CARDS OR FILE BANKRUPTCY? I JUST DONT KNOW WHAT TO DO AND I AM SCARED AND STRESSED TO THE MAX.
Posted By C. on July 27, 2009 at 11:17 PM
I had a bankruptcy in California in 09 and we were going to try to keep our house. We have a 1st and 2nd loan. We did not reaffirm either loan. Our financial status got worse and have since split up the marriage and moved out from the home and sent back the keys. Since we did not reaffirm the loans are we liable for the mortgage? The house is currently in foreclosure.
Posted By Kristy on August 10, 2009 at 03:20 PM
I need real advice!! We fell behind on our mortgage payments last year when my husband was on light duty due to a back injury. Since he returned to work full time, the company started reducing hours dramatically. We then fell behind about 4 months. Since then we had been approved for the home affordability program, which gave us a huge sense of releif! However, the servicer that approved the plan sold my loan to another company that does not participate in the program. Now they are not accepting my payments and threatening to foreclose on our home. Can they do this? Can I file bankruptcy? Also, my husband was just laid off from his employer, and is now collecting unemployment. Please I need advice!! Thank you
Posted By Julie on October 17, 2009 at 11:36 AM
My ex husband kept the house in the divorce decree. I got the note.
he cannot refinance. He was granted fro Chapter 7.
If the ne note is under my name and I quit claim. how can he sign the reaffirmation paperwork?
what happens if he does not sign them?
HE IS BACK IN PAYMENTS!!! Last September 9th.
The house has been for sale since 08-15-08.
Please advise.
Posted By MAR on November 05, 2009 at 02:46 PM
With Chapter 7, I notice it says to "reaffirm the mortgage". I am not behind in my payments and do not intend to change my payments as a part of anything I'm doing - I intend to keep the full payments and am just seeking relief from the other creditors. Do I still need to do the reaffimation?
Posted By Doug Pitts on November 30, 2009 at 09:34 AM
We filed chapter 7 on December 2nd. We did not reaffirm on our home or vehicles. Wells fargo sent us a letter, decribing 3 options made to us. One of them is a short sale. In a short sale do we still get to keep 15% each, for total of a 30% excemption? There is also a 2 nd mortgage, with fifth third. How long will we have before having to vacate the home?
Posted By Lisa on December 04, 2009 at 11:13 AM
SAME QUESTION AS DOUG PITTS ON 11/30/09-I'M ONLY WANTING TO FILE CHAP 7 FOR CR CARD AND MED DEBT-HOUSE PAYMENTS ARE CURRENT-DON'T QUITE UNDERSTAND THE RE-AFFIRM DEAL BUT IF YOU KEEP UP ON HOUSE PAYMENTS, CAN YOU ALWAYS KEEP YOUR HOME-HAVE ABOUT 8 YRS EQUITY ?
Posted By J.L. ANGELETTI on December 10, 2009 at 04:44 PM
we filed chapter 7 on nov.13 09-we go to our trustee meeting on the 21 of dec.our question is much like some of the others..we are just seeking relief from our creators ( credit cards) and a few other debts--we have no equity left on our home and it has fallen in value and does not cover the amount we owe...we are not behind on our first or our equity loan..we went to make our payment today on our first and they would not accept it..it was to late to call them we have to wait until tomorrow...we are very concerned..we did receive a paper from the mortage company that asked for a signiture...we called our laywer and they said they would take care of this..also we noticed on our bankruptcy papers there are three boxes to choose from to mark..the one marked says other...and it reads we will retain and continue to make regular payments...the box that says reaffirm the debt is not marked...what has happened ..how can we continue making our payments and keep our home safe and sould we get this all done before the meeting..this is very stressful and we don't what to ask for or what we sould have...can you hepl us..
Posted By bruce on December 16, 2009 at 12:05 AM
I'm going thru a divorce and want to keep our house. The problem is that I have filed for bankruptcy chapter 7 been told it will take up to two years before I can refinance on my own. I will stay in the home and continue to make the mortage payments until I'm able to refinance on my own. Do you have any other suggestions?
Posted By Annie Kemper on December 30, 2009 at 06:52 AM
my parents are filing bankruptcy and dont know weather 7 or 13. they live in VA and they want to keep the house the lawyer said 13 if they wanted to keep the house but they have to pay back over the next 5 years but this really doesnt give them a fresh start. So i was wondering can they file 7 and get rid of the debt and keep the house?? its a refinace loan? they paid it off then borrowed against it? please help...
Posted By ray on January 01, 2010 at 09:28 PM
I filed for Chapter 7 bankruptcy to rid myself of tons of credit card debt.

In the process, I applied for a loan modification. Once I filled and sent the paperwork, my bank kept saying they did not get it. They only way I got their attention is being one late payment after filing chapter 7. The next month I caught up with my mortgage payment and am now current.

Afterwards, I got approved for a 3 month trial period and have been sent a reaffirmation for our home. I am purposely still sending full payments even though they have been reduced because I do not trust the bank.

My questions are:
Is there a possibility of my reaffirmation being denied because I provoked a late payment after filing, but caught up?

Is switching to chapter 13 an option after having filed and gone to the court? and if so, will it be a good idea?

If the reaffirmation is denied, what constitutes a late payment? Is it over 30 days?

and if that occured, which I doubt, will the bank kick us out immediately?

or will they work with us since my debt will be $60,000 over the value of the home?

If they do kick us out, what time frame can they do it in?

I just hope my modification becomes permanent after the 3 month trial period. The trial payments are down from $2412 to $949, but I am still sending the $2412.
Posted By Sergio Villarreal on January 17, 2010 at 07:48 AM
a friend filed BK 7 in CA and two months later a foreclosure auction was calendared on a home she owned out of state. Six months later he says his BK was discharged. Six months later after the discharge the HOA of the home she thought was foreclosed sent her notices and fines that the property that was not properly landscaped. To her surprise the property was still under her name and the mortgagee started sending her late statements. Her BK attorney said her home was listed on the asset she and case was closed. She doesn't know what this means to her. The tax and title records show she owns the property still and she is still getting bills. Can she sell the property and keep any money if there is any equity?
Posted By Ronda on February 07, 2010 at 05:23 AM
I have 2 (consenual)liens on my property where now I owe more then what the house is worth. If I file bankruptcy can these liens be removed for good.
Posted By dominique Williams on February 10, 2010 at 11:49 PM
In Oct 2009 I saw atty. for cap7 bankruptcy. signed pymt agreement. Made pumts. Got married laate Nov.
Paid off lawyer on pymts. Lawyer wrote paperwork that I am filing as individual, curr. wife signed same.
Am now told that refree can take my wifes home thaat she has owned and paid for for 15 yeaars (I am not on mortage)
Can the refree take or make her sllthe home?
Posted By Mel Franks on April 01, 2010 at 01:20 PM
Six years ago I signed a quick claim for the property and home in my divorce. My ex never refinanced. He is filing a chapter 13. Will the Bank come after me for the mortgage?
Posted By Tamorah on May 24, 2010 at 01:25 AM
you spelled company wrong
Posted By me on June 27, 2010 at 01:03 PM
If I file a bankrupcy chapter 7, can I still keep my house and my car safe?
Posted By Helen on July 01, 2010 at 01:37 AM
My sister is on the deed to my house. It has a current county appraisal of $120k, my sister and I have a mortgage of $53k.I filed a chapter 7 and it was discharged in Feb. 2010. Now the trustee has filed to sell the home and wanted an answer to the complaint. My attorney states that there is no worth equity in the home for me, after my exemptions. He filed this as an answer to the complaint along with what the county's value and an independent appraisal paid for by me. The trustee's law firm, whom he assigned the case to, is now asking for me or my sister to make an offer. This offer request was not in writing, only stated to my attorney via phone. What is my recourse?
Posted By Del on July 28, 2010 at 09:23 AM
We declared Chap.13 seven months ago and are three months behind on our mortgage, but are current on the trustee payments. We might have $10,000 in equity at most. Can we now file for Chap.7 and not lose our house? Do we now need re-affirmation papers? Thanks.
Posted By Eric on August 25, 2010 at 03:52 PM
question: I am filing for chapter 7 and I want to keep my home.I have two morgages. My first mortgage is $90,000 and my second (line of credit) is $128,000./ Is it possible to get rif off the $128,000 through chapter 7
( together with other debts) and reaffirm the 90,000 debt and keep my home?
Posted By Alfonso Salazar on August 25, 2010 at 04:54 PM
Thanks for this great resource of information, question and answers. while a Chapter 7 Bankruptcy is simple in theory, there are a number of factors to consider. First you must qualify financially through a mandated "Means Test."
Posted By File bankruptcy on September 08, 2010 at 04:42 AM
I TOOK A CAR LOAN OUT FOR MY CHILD IN MY NEAME SHE DID NOT PAY.AND THEY REPO.IT AND ALSO LIGHTS BILL HOUSEPAYMENT BEHINE BECAUSE OF THE KIDS AND I HAD TO FILE CHAPTER13 TO SAVE MY HOME BUT THEY STILL LIVE WITH ME AND I HAVE TO PAY BACK 11.000 DOLLARS FOR THE CAR LIGHT AND GAS AND OTHER TING COULD I FILE CHAPTER 7 AND KEEP MY HOME
Posted By JEFF_CAMPBELL_23@COMCAST.NET on September 08, 2010 at 04:50 PM
I TOOK A CAR LOAN OUT FOR MY CHILD IN MY NEAME SHE DID NOT PAY.AND THEY REPO.IT AND ALSO LIGHTS BILL HOUSEPAYMENT BEHINE BECAUSE OF THE KIDS AND I HAD TO FILE CHAPTER13 TO SAVE MY HOME BUT THEY STILL LIVE WITH ME AND I HAVE TO PAY BACK 11.000 DOLLARS FOR THE CAR LIGHT AND GAS AND OTHER TING COULD I FILE CHAPTER 7 AND KEEP MY HOME
Posted By JEFF_CAMPBELL_23@COMCAST.NET on September 08, 2010 at 04:50 PM
My husband has been divorced for 2yrs his ex wife wanted the house and I got papers from her lawyer saying she was going to keep it, well Oct 2008(in the late night) she moved out, leaving the house to us to deal with, well I can't afford 2 mortgage so we got someone in there to pay the mortgage now they up and left the house which is now under foreclosure and the last 2 yrs of taxes weren't paid... We are going to seek advice from our lawyer and I'm suggesting he files bankruptcy but, only on his half of the mortgage and let her worry about her half being that her name is still on the mortgage... Is this possible??? Considering this is her debt also and I'm not paying for her...
Posted By Andrea on September 22, 2010 at 12:41 PM
First off I have to file bankruptcy based on a huge downward spiral. It was not my intent to file but a recent loss sent us spiraling out of control.

My question is:

1. My payments on my house are current and never late can I keep it?

2. All furniture, tv's and household items are not mine they belong to my mother who has graciously financed all of this to us is hers. She applied for the credit and all of it is paid by us monthly some of it even was moved over to her consolidation credit card, which is also paid by us. All debts owed to my mom under her name I have always paid for religiously but still are in her name, can we keep that stuff?

3. My car is current on payments and never late can I keep it?

The only stuff that actually belongs to us that we pay for is a house and car. Clothing is all paid for and not of any real value other than we need clothes.
Posted By bankruptcy claim on November 13, 2010 at 04:40 AM
Very informative.
Posted By Los Angeles Bankruptcy Attorney on November 28, 2010 at 12:46 AM
I filed chapter 13 about two years ago and has 3 year left on my bankruptcy. When filing, I included my house because I was behind on the payment. I have now falling behind again and what to know if I can go back and add this to my bankruptcy. My husband has also lost his job.
Posted By Dee on December 22, 2010 at 06:45 PM
I filed chapter 13 about two years ago and has 3 year left on my bankruptcy. When filing, I included my house because I was behind on the payment. I have now falling behind again and what to know if I can go back and add this to my bankruptcy. My husband has also lost his job.
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Posted By Sophie Kinsella on March 25, 2011 at 12:20 AM
I need to file ch. 7, can I keep my home if I have equity, although cannot get loan to pay off IRS and State because of bad credit. Will own home in 5 years. Help me on what to do. Will I lose my home? Is there a such thing as keeping your home is you file Ch. 7? What is the qualifications to keep your home?
Posted By vicky nesby on June 19, 2011 at 09:39 PM
That's known that cash makes people free. But what to do if someone has no money? The one way only is to receive the short term loan.
Posted By MarcellaBonner on August 23, 2011 at 06:56 PM
my sister filed for backrupty and my house was under her name about a year ago. i changed it and now im concern if i will lose my house
Posted By Edgar on September 09, 2011 at 12:08 AM
My husband and I have almost a million dollars in debt. Half in unsecured debt and the other is secured by our primary residence and a second vacation home. Both properties are now worth about half of what we owe.
I lost my job about 16-months ago, have not found employment and my husband is now making under $45,000 annually.
If we file a chapter 7 bankruptcy in michigan, can we keep both of our homes?
Posted By Terry on September 14, 2011 at 12:33 PM
Lost job over a year ago, spouse making less than $45,000 yearly. Have two homes, both underwater by half of what we owe. No delinquencies yet. Have another $450,000 in unsecured debt and can't file a chapter 13 in michigan. Can we keep our homes if we file a chapter 7 in michigan.
Posted By Mike on September 14, 2011 at 12:37 PM
Filed chapter 7 bankrutcy my mortgage was not supposed to be in it. Was not avised by my paralegal to sign a reaffirm for the debt now my my credit report says in was charged off. I filed in order to get some old debt off of myself and my husband and wanted to rebuild my credit.we live in va what can I do?
Posted By anne vaughan on September 17, 2011 at 04:33 PM
I just got a loan modification of my first mortgage after 2 years of being in foreclosure and finally the mortgage company gave me the modification and I just finished the trial period and will start my regular payments in october, I have a case of debt for $24000 by the court from a company that ssued me and I want to file chapter 7 to get rid of the whole payment but I dont want to loose my home, also I have a second mortgage, My question is, by filling chapter 7 I can get rid of both, the debt of $24000 and the second mortgage and still keep the house??? i know that chapter 13 is to keep the house but I still have to make arragements of payments for 3 years and I m refuse to make payments to this people, Can You please advise me???? thanks, Im so confuse, chapeter 13 is also more expensive, I cannot afford to pay for that.
Thanks
Posted By Isabel on September 18, 2011 at 11:49 PM
my ex wife filed bankruptcy. I am keeping the house payments up. Can they take it for his bankruptcy? Is there a way to get her off the home loan?
Posted By M Lopez on November 03, 2011 at 03:37 PM
I filed a ch 7, 6 years ago. My ex husbands name is stll on the mortage. I am getting his name off the mortage. Since I did reaffirm the mortage will I be able to keep the house?
Posted By Brenda G on December 04, 2011 at 10:46 AM

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