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How can the homestead exemption help against foreclosure in a possible Chapter 13 dismissal?

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βˆ™ 2006-08-26 19:57:48

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It doesn't. The homestead exemption protects property from being seized in a bankruptcy procedure or by creditor judgment. The lender does not relinquish the right to foreclose on property regardless of the status of the bankruptcy filing. Bankruptcy only temporarily halts the foreclosure of secured property.

2006-08-26 19:57:48
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Related Questions

Homestead exemption in Kansas?

According to Kansas Homestead exemption, homeowners are limited by the amount of land they protect but can exempt unlimited value in their homes. Protection for up to 160 acres of farmland and 1 acre of land within city limits is possible under Kansas homestead exemption.

Can the New York homestead exemption be waived?

Why on Earth would you want to waive it?You can choose to use the federal exemption instead, but you don't get to pick and choose, you have to take either all state exemptions or all federal exemptions. The federal homestead exemption is (much) lower, but I suppose that it might be possible that you could make up the difference in other exemptions.

Can liens be placed on homesteaded property?

Yes, the term homesteaded (homestead exemption) refers to property that is the primary residence of the owner. Some states grant an automatic homestead exemption. In other states the owner must execute and record a homestead exemption in the land records. Real property is subject to liens by a judgment holder in all 50 US states. However, in the majority of cases a forced sale of the property is not possible due either to the exemption protection provided under state law or state statute directly forbidding the sale of a primary residence for consumer debt.

Can a lien holder on property foreclose?

Forced sale of property for debt is possible. It depends on state laws governing creditor action and judgment/lien execution. A primary residence is usually protected by a state or federal homestead exemption. Some states such as Florida have unlimited exemption which prevents any forced sale. W/O knowing the state of residency it is not possible to give a more specific answer..Macky ( far as I know, in Minnesota, a foreclosure would not be possible. BUT, if and when the property is sold, the lien holder must be paid before the property can be transferred. But, I am not a lawyer. ClarificationIn the state of Florida, if the underlying lien results from improvement to a personal residence, the home is subject to lien and forced foreclosure. Florida Statute 713 governs.

Why was the military draft controversial in both the Union and the Confederacy?

It was considered unconstitutional, and it was possible to buy a substitute or exemption. It was possible to buy a substitute or exemption.

How can parents transfer the deed to their home to an adult child?

The deed has to be prepared and signed, and thereafter recorded in the deed records of the county in which the house is located. There are issues involved, such as possible loss of homestead exemption, possible gift taxes, possible fraudulent conveyance, possible loss of the stepped up basis as of the parents' deaths, and more.

What did homestead strike show-?

The Homestead Strike showed that strikes could turn violent and that military intervention was possible.

Can creditors take your home?

States establish laws that determine what real and personal property can be attached or seized and sold by a judgment creditor. All states have a homestead exemption that will usually protect the property from a forced sale. The larger the amount of equity that the debtor has in the home makes it more susceptible to a forced sale of the property. Several states by statute do not allow a forced sale of a primary residence (Texas is one) and a forced sale is not possible of property owned as Tenancy By The Entirety by a married couple when only one spouse is the debtor. It is extremely important that the homeowner be aware of the amount of homestead exemption for their state and the governing laws. In some states the homestead exemption is automatically included in state laws relating to creditor action. In many states, however, a homestead declaration must be filed with the city or county recorder's office for a homestead exemption to be valid. In addition, creditors cannot seize any property belonging to a debtor without due process of law (lawsuit or arbitration). The exception is the filing of a Mechanic's lien for improvements or repairs done on the property itself. Mechanic's liens cannot be implemented as a forced sale of a primary residence.

If a credit card company has a judgment against you can they force you to sell your home?

The forced sale of a homestead to pay unsecured creditors is in some cases possible. However it is very seldom done. In the majority of situations the homestead exemption will protect the property. Other factors negating a forced sale depend on how the property is titled and state statutes. Not knowing your state of residency I regret I cannot be more specific.

Where would it be possible to find real estate foreclosure listings?

One may find it possible to find real estate foreclosure listings on the internet. One website that may be used to find such information would be Zillow.

If you are married with 2 adult kids and get sued what is the best way to protect the equity in your home?

All states have laws that allow a person who is sued to claim a homestead exemption, in most cases this prevents the home from a forced sale. Some states have statutes which automatically grant the homestead exemption; other states require the homeowner to file a declaration of homestead with the county recorder. When faced with a lawsuit the defendant should never attempt to transfer or sell property to avoid possible creditor attachment. Such action is considered "fraudulent conveyance" and can be struck down by the court and possible penalties assessed to the defendant. However the laws in the majority of states governing the transferring of property to adult children are very lenient and in some cases non-existent. The best option would be to obtain legal advice from an attorney (bankruptcy or general practice) versant in creditor-debtor issues.

When a bank seizes and sells a home to get as much of its loan back as possible?

That is known as foreclosure.

Can you file bankruptcy while owning a house and keep the house?

Yes. Whether or not the property can be retained depends upon the circumstances. The first being if the mortgage agreement is still valid and the property has not been subjected to foreclosure action. The second is if the property is protected by the propery exemption amount allowed under state law. If the property is in foreclosure or payments to the morgage/lien holder(s) are in arrears it is necessary for the borrower to negotiate with those entities concerning restructuring/refinancing of the loan. If that is not possible the home will be forfeited. Likewise, if the exemption amount does not protect the property from being included in the BK then the home might not be excluded from bankruptcy action.

What is resetting and possible dismissal at an arraignment?

Difficult to answer with only the information given - it sounds as if the arraignment is going to be postponed - and another separate hearing will be "set (held) at whcih time the judge MAY consider dismissal of the charge.

How did the displacement of Native Americans make the Homestead Act possible?

The Homestead Act of 1909 offered farmers 320 acres of free land. This enticed many people to head West.

What role did the Homestead Act have in westward expansion?

It made it possible for people to get free and cheap land.

If you have a lien on your house can they take your house?

Theoretically it is possible to execute a lien as a forced sale of a primary residence. However, some states have laws that specifically forbid such action and in most cases the homestead exemption will protect the property when it pertains to unsecured debts . Even if that is not the case homes that are jointly owned (especially by a married couple) are rarely subjected to a forced sale. In addition, senior citizens, disabled persons, and low-income persons generally have added protection against losing their home with the exception of issues concerning foreclosure. State and/or federal tax issues are a totally different situation.

Can you sell your home for the loan amount owed and rent from the new owner then file chapter 7 bankruptcy?

No. The property would have to be sold for fair market value, not for the amount still owed. Even then the trustee would probably challenge the transaction as a fraudulent conveyance. It is possible the homestead exemption would protect the property, as in 98% of BK cases.

What two things made it possible for the West to be settled so quickly?

Transcontinental Railroad Homestead Act

Can a trustee force secured loan property to be given up?

Yes, if it is not protected by the exemptions available under the state or federal law. For example if the homestead exemption is $20,000 but the debtor has $50,000 in equity a forced sale is possible, the same basic premise would apply to a vehicle and property belonging to the debtor that is not considered a homestead. Forced sales of a primary residence is possible in all but a few states, however, it is rarely done, as the expense and time attributed to the action is seldom profitable. Property that is jointly owned can still be subject to sale, but it is very unlikely as judges are generally not open to partitioning action.

Can a creditor place a lien on a financed vehicle?

In most states it is possible for the action depending on the exemption status of the vehicle and how it is titled.

Is it possible to buy a house if you've already had a foreclosure?

Yes, you can. If you show good credit worthiness after foreclosure. Usually two years after. With at least 3 new accounts and with 1 account with a credit limit above $3,000.00.

If you owe 6000 on your credit card that you can not pay back can they force you to sell your home?

All states have a homestead exemption which in the majority of cases will protect a primary residence from forced sale. Several states have laws directly prohibiting forced sale of a person's home. How the title of the home is held, such as Tenants In Common, Joint Tenants, and so forth is also a factor. W/O knowing the state of residency it is not possible to be more specific. A web search can be used to find the homestead exemption and other exemptions that can be used to protect personal property.... (Name of State) Bankruptcy Exemptions (these are also applicable concerning a lawsuit judgment). Please feel free to email me if I can be of further help. (

During chapter 7 can the creditors take your house in South America that you bought for 20k?

No, the creditors can't take the South America property. But, the Bankruptcy trustee can. The only exemption for real property is a homestead exemption and obviously your homestead cannot be in South America if you are filing bankruptcy in the US. So this property would be taken by the trustee and liquidated to pay your creditors. Directly the creditors can't take the property. Failing to list this property (Hey, it is in South America, how will they know????") can lead to charges of Bankruptcy fraud if found out. It is possible that the trustee would allow you to make a monetary offer to keep the property, especially as selling a foreign property is not easy. You would have to provide a valuation of the property proving the value to the trustee.

Could a pending foreclosure cause a bank loan to be declined?

Yes, if one got the loan after foreclosure proceedings began. When banks make credit decisions, they want to consider as much up-to-date information as possible. If a foreclosure is coming up but is not on the credit report, the bank may grant the loan. Once the foreclosure shows up on the report, the bank will conduct due diligence and see if they would have granted the loan knowing about the foreclosure. Most banks would not and will call the loan, making you responsible for paying immediately.