If I file Chapter 7 Bankruptcy can I still keep my house?
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.
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- 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
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.
Chapter 7 and file reaffirmation to keep the house. Will the interest rate become a fixed rate.
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.
thank you
If you can call me at: 415-251-3566
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.
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!!
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.
Thanks
Josie
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
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
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!
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.
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.
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?
( together with other debts) and reaffirm the 90,000 debt and keep my home?
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.
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Thanks & Regards
Sophie
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?
Thanks
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