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If you have been been discharged of All Debt without payment can a bank foreclose on your home?
If the home was part of the bankruptcy - possibly. It all depends on what the wording of the mortgage agreement may be.
If mortgage was listed by pro se Chapter 7 debtor as secured debt with intent to reaffirm but the bank never presented reaffirmation agreement can the bank foreclose once the bankruptcy is discharged?
Yes. Or the lender could choose to file for the automatic stay to be lifted and if granted proceed with foreclosure action before the BK is discharged. _________________________________________ If a person is current on the payments, and stays current, there is NO violation of the mortgage contract, and the lender would not foreclose. Miss a payment or two, and it will be treated as any other delinquent account. But until then, the status quo is maintained, the Chapter 7 not relevant.
When you do not include your house in a bankruptcy and then get a loan modification but still cannot pay the monthly payment can the bank take your house if you pay something on it every month?
Yes, if you are not making payments on your home, the bank can foreclose. Even if you are paying something, if you are not paying the amount agreed to in the loan modification or original contract, the bank can foreclose. If bankruptcy is active, they may need permission from the court but if payments are not being made in a timely fashion the court generally grants permission to foreclose. The moral of the story - make your payments or the bank can foreclose!
When should i give my car back to the bank before or after filing bankruptcy in Alabama?
You give your car back to the bank after filing bankruptcy, the bank will ask your attorney for the vehicle back and give you a certain amount of time and the location to return it to. Definitely do not give it back before you file you will need to have it discharged legally from your debts.
Can NSF checks be discharged with a bankruptcy?
Yes, but beware of the bank or the recipient of the check claiming Fraud.
Should you file Bankruptcy when the bank forecloses on your house?
It would seem the time to act is before they foreclose. And BK may delay, but won't prevent the foreclosure...you would still have to pay the debt.
When in bankruptcy and bank wants to foreclose on your house what can you do?
If you're officially in bankruptcy, that puts a temporary hold on foreclosure proceedings. It doesn't matter what the bank wants, by law they have to wait with all your other creditors while the bankruptcy court sorts out who's going to get paid and how much.
Is it better or worse for your credit to let the bank foreclose on a mortgage of a second property while facing bankruptcy?
A foreclosure or bankruptcy is never good for your credit, this is something you'd be better off discussing with an attorney. You can avoid foreclosure by filing bankruptcy.
Can bank hold on to your car title as collateral on a bank credit card went the car loan was paid off prior to bankruptcy?
The bank should not have your car title if it is paid off. If you declared bankruptcy and it was discharged, your bank credit card account should be dismissed.
Can you change a joint bank account with a parent before chapter 7 bankruptcy in ny state?
Yes you can change a joint bank account before a Chapter 7 bankruptcy. You should have your finances in order before you file a bankruptcy.
Is there a bank that will let you open checking account after you have filed bankruptcy you filed July 2009 and it was discharged June 2010?
Woodforest Bank found in Wal-Mart is a "second chance" bank. They do no credit checks.
If you are not able to make your house payment do you have to file bankruptcy or will the bank foreclose on the house and not garnish your income?
Bankruptcy only temporarily prevents foreclosure action. A house is considered secure property so it is up to the lender as to what action will be taken, foreclosure or reaffirmation of the loan. The bank would pursue foreclosure and not wage garnishment. If you're in a house you can't afford any longer, sell it. Too many homeowners wait too long. Don't wait for the bank to foreclose.
