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How do you get a mortgage with open bankruptcy?

Updated: 8/16/2019
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16y ago

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For the most part you cannot do so until after the bankruptcy process has completed. Practically there will be no lenders who would consider offering a loan as the court would need to approve any such transaction and there could be issues with other creditors. Best to just wait it out.

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16y ago
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Q: How do you get a mortgage with open bankruptcy?
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Can you leave a chapter 13 bankruptcy open and refinance your current mortgage if the mortgage is not included in the chapter 13?

Here is the short answer.........No. No lender will allow this. Lenders want you to be out of Bankruptcy.This is what I do refinance people out of bankruptcy early or arrange refinancing so that my clients can avoid bankruptcy or forclosure altogether. that is what you must do in order to refi your mortgage regardless of the mortgage status with your bankruptcy plan


Do both parties on a joint mortgage have to file bankruptcy on a joint mortgage?

No, both parties on a joint mortgage do not need to file bankruptcy. They can file a joint bankruptcy or a single bankruptcy.


Will bankruptcy protect me from foreclosure by my mortgage company?

Yes, bankruptcy protect you from foreclosure by your mortgage company. You can read more at www.hirby.com/mortgage-lender-filing-for-bankruptcy


If you filled for bankruptcy then modified a mortgage can the mortgage company come after you or will it still be in your bankruptcy?

Great question for your BK attorney


What if you file bankuptcy and have a reverse mortgage?

The reverse mortgage is typically unaffected by the bankruptcy as the mortgage is usually left out of the bankruptcy- that is a conversation you need to have with your attorney however. The bankruptcy court may look at the amount of equity you have in your home and determine what type of bankruptcy you qualify for. A reverse mortgage can even be used to pay off a bankruptcy or a mortgage in foreclosure as there are no credit requirements on them. I suggest talking to a bankruptcy attorney for information on what is available to you from the courts side of things.


What happens to a mortgage after a bankruptcy?

What happens to a mortgage after bankruptcy depends on whether or not the debt is reaffirmed. If the mortgage is reaffirmed the homeowner continues to pay it as if the bankruptcy had not been filed, since the debt has not been discharged. If the debt is not reaffirmed, what happens to the mortgage depends on the policies of the individual lender.


Can you get a mortgage loan if you are in a chapter 13 bankruptcy?

If you are lucky, yes. But most likely, no lender will give you a mortgage loan if you are or have declared bankruptcy.


Can you get a reverse mortgage if you file bankruptcy?

Yes, a reverse mortgage does not have any credit requirements, however if you are in bankruptcy or filing one you may need court approval to do the reverse mortgage.


Where can someone find information about getting mortgage loans after bankruptcy?

Quicken Loans has an excellent section on how to obtain a loan or mortgage after filing bankruptcy. Most debt consolidation centers and bankruptcy attorneys will have information or references for those seeking information on applying for a post-bankruptcy loan or mortgage.


Can I get a mortgage loan of I have a bankruptcy?

Yes, it is possible to get a mortgage loan after bankruptcy. Be very care though, your interest rate could be considerably high.


Do you have to declare bankruptcy if you default on your mortgage?

No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.No. If you default on your mortgage the lender will take possession of the property by foreclosure. Whether you file bankruptcy is an unrelated issue.


Can you file for bankruptcy if you have a second mortgage?

Bankruptcy is of an individual or a corporation can not distinguish between creditors.