0
If your mortgage arrears were included in Chapter 13 and when you refinanced you had to pay the arrears to the mortgage company and also to the trustee do you get this money back and if so how?
Wiki User
∙ 15y ago
Your trustee is the only person who can advise you. However, it has been my experience (mortgage lending) that you must first obtain the trustee's permission to refinance and I believe the full amount is always due to the mortgage company.
Wiki User
∙ 15y ago
Add your answer:
Earn +20 pts
Can mortgage arrears be put in chapter 7?
No, that can only occur in a chapter 13. If you filed a chapter 7, a lender would be able to get relief from stay (i.e. would still be able to foreclose on you)
Where could one get mortgage arrears help?
One place where someone could get mortgage arrears help is at the 'moneysavingexpert' website. A few other places where someone could get mortgage arrears help is at the 'citizensinformation' website, the 'homeloanexperts' website, the 'keepyourhome' british website, the 'streetdirectory' website, and the 'bakerfinancial' british website.
In real estate what does in arrears mean?
Arrears refers to the state of being behind in payments. That could mean there are arrears in the mortgage payments, real estate taxes, municipal charges or rents.
Can a timeshare be discharged in ch 7?
A timeshare is an asset, not a debt. It cannot be discharged. If you are in arrears in your timeshare payments, like being in arrears on a mortgage, you would be able to surrender the timeshare and discharge the arrears.
If you have not defaulted on your mortgage and your term is up can they foreclose?
If it's paid they have no interest however you can still get foreclosed if you are arrears in property taxes:(
Do you have to pay off mortgage arrears prior to chapter 7 filing?
no
Can mortgage arrears be put in chapter 7?
No, that can only occur in a chapter 13. If you filed a chapter 7, a lender would be able to get relief from stay (i.e. would still be able to foreclose on you)
Can a state garnish wages on child support arrears if they are included in chapter 13?
Yes; child support is not affected by or discharged in bankruptcy.
How does Chapter 13 Bankruptcy help a person?
There are many benefits associated with filing a Chapter 13 bankruptcy. The types of benefits that will result will depend on the facts of the case. Below is a few of the benefits available with filing a Chapter 13 bankruptcy.Pay Mortgage Arrears- You can set up a 3 to 5 year plan to pay mortgage arrears that are past due on your home. If you are in the process of being foreclosed and you are behind on your mortgage, you can set up a repayment plan for your mortgage arrears.Strip Second Mortgage- If your home value is below what you owe on your first mortgage and you have a second mortgage, you may be able to remove your second mortgage in a Chapter 13 bankruptcy.Pay Back Taxes- If you owe taxes to the federal and state government, you can set up a repayment plan through a Chapter 13 bankruptcy.These are just a few of the benefits that a Chapter 13 bankruptcy can provide.
Where could one get mortgage arrears help?
One place where someone could get mortgage arrears help is at the 'moneysavingexpert' website. A few other places where someone could get mortgage arrears help is at the 'citizensinformation' website, the 'homeloanexperts' website, the 'keepyourhome' british website, the 'streetdirectory' website, and the 'bakerfinancial' british website.
Can auto and home defiencies and garnesheements be entered into a ch13 bankruptcy?
If you mean, can they be included in a chapter 13, the answer is, they must be. If you mean, can you file a chapter 13 because of garnishments and secured loan payment arrears, yes, that's what chapter 13 is for.
In real estate what does in arrears mean?
Arrears refers to the state of being behind in payments. That could mean there are arrears in the mortgage payments, real estate taxes, municipal charges or rents.
You did not reafirm your mortgage after filing chapter 7 how do you keep your house?
You had to sign and file a "statement of Intention" indicating if you were surrendering the house or reaffirming the debt. If the mortgage company did not send you a reaffirmation agreement, or your lawyer did not prepare one, you should still be able to keep the house, assuming you have continued to make the mortgage payments. If you did not, and are seriously in arrears, you will have to see if a chapter 13 is possible. See a knowledgeable bankruptcy lawyer.
Can a timeshare be discharged in ch 7?
A timeshare is an asset, not a debt. It cannot be discharged. If you are in arrears in your timeshare payments, like being in arrears on a mortgage, you would be able to surrender the timeshare and discharge the arrears.
You are in a Chaper 13 and all payments are made on time you want to refinance your mortgage already approved to a lower interest rate Must you borrow all the money over your mortgage balance to pay o?
You do not understand what is meant by refinancing. Refinancing a mortgage means you borrow at least enough to pay all the existing liens, including mortgages, and the new loan becomes a lien (mortgage) against your property. This will have a serious effect on your chapter 13, assuming there are mortgage arrears included in the plan, or if the plan pays less than 100% to the unsecured. Be sure to review this with an experienced bankruptcy before you try this.
Can child support be included in bankruptcy?
No See link for help on arrears.
Can you keep your house after a bankruptcy?
Not unless your bankruptcy did the right things to allow you to keep it. If you are not in arrears in your mortgage payments before filing, you have to continue making the payments - preferably before the due date. If you are in arrears, you must file a chapter 13, with a plan to pay the arrears and whatever part of the unsecured debt you have to pay. Once the plan is completed, you can keep your house. If you get behind in your post-petition payments due, the bank will apply for relief from the automatic stay and you will lose your house.
