Don't hold me to this, but I don't think they can just take it back for being thirty days late. I think they would have to foreclose on your house first. Or get a judgment lien against your house first.
Yes you can. There is no legal base for a Bank to fire you for filing bankruptcy..... Filing bankruptcy is not a crime..... I even know people that got hired to work at the Bank after they had filed Chapter 13. I had to file chapter 13 after my divorce and got a raise couple months later at the bank. Not because I filed bankruptcy or because they would have felt sorry for me about getting divorce but because my job performance.
However, you are permitted to file a Chapter 13 bankruptcy anytime after filing Chapter 7. Chapter 13 is a repayment of none, some or all of your debt over three to five years. Most or all of your creditors are lumped together into one large pool. Then, you make payments each month to the lawyer assigned to your case, called a liquidator. The liquidator distributes your payment to the creditors.There is some issue that you should know about while filing chapter 13 after chapter 7.1. If you file Chapter 13 within four years of filing Chapter 7, you cannot discharge your debts after you complete the three- to five-year Chapter 13 plan. You can still file the Chapter 13 to keep creditors from suing you, garnishing your paychecks or levying your bank account. This may require filing another Chapter 7 bankruptcy when you have passed the eight-year mark.2. If you file Chapter 13 four years after filing Chapter 7, you can have a very low monthly Chapter 13 payment plan and receive a full discharge of all remaining balances after you complete the three- to five-year plan. For example, you could pay as little as $100 a month for three years in a Chapter 13, paying very little to your creditors and yet still discharging the remaining balances owed.
The ONLY "bank" you can/should speak to is the one that has the mortgage (no one else would be interested or can do anything other than buy the house - and they probably have more than they want)...that is the one you pay (or aren't) to. They'll want to talk with you....tell them your probably filing BK and interested in doing a "friendly" foreclosure to do the right thing for everybody involved.
Most people borrow money from a bank when they want to buy a house, but they usually do not borrow 100% of the cost of the house. They usually do have some money to apply toward the cost of the house, and that amount is called a down payment. So to buy a house costing $200,000 a person might make a down payment of $50,000 and then borrow the remaining $150,000.
I infer from the wording of your question that you wish to borrow the money for the down payment on a house other than your primary residence. This is a big no-no. It doesn't matter what bank you go to. A down payment is supposed to be the loan-seeker's financial stake in a purchase. There are supposed to be no strings -- that is, liens -- attached to it.
If you have filed for bankruptcy as an individual, rather than as a couple, then you are only filing on your personal debts. Following this logic, only those funds that are yours (so your share of the bank account, if that is possible) will be "up for grabs." Your bankruptcy status should not have an effect on your partner.
The are several legal steps a bank must follow before your house can be sold, assuming you are actually the owner but the bank holds a mortgage on the house. 0. The bank must notify you that you have missed a payment 1. The bank must issue a demand for payment in writing to you. 2. The bank must deliver to you or have delivered to you by the sheriff a legal notice of intent to foreclose. The notice must be published. 3. The bank must go to court and get a court order to foreclose. 4. legal notice of actual foreclosure must be published. 5. House is sold at auction to the highest bidder. If you have any questions talk to the bank and/or consult a lawyer.
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