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Two factors would detemine what if any action would be taken concerning the property. If the homestead exemption protects the house from bankruptcy seizure and/or if the lender is willing to reaffirm the mortgage rather than foreclose on the property.

2006-08-07 14:35:18
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Q: Will a chapter 7 bankruptcy petitioner be allowed to keep a home if there is a 3 month arrearage in the mortgage payments?
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What happens to a reverse mortgage in bankruptcy?

A reverse mortgage is typically unaffected by bankruptcy. Only in a case where you want to surrender the home would the bankruptcy court be involved on any mortgage product other than to dictate terms of repayment of defaulted payments. with a reverse mortgage there are no payments so that would not be an issue.


What happens when someone you cosigned a mortgage for has filed for bankruptcy?

When you co-sign on a loan or mortgage for someone, you are promising to make the loan payments if they can't. When someone files for bankruptcy, they are claiming that they cannot make their payments. It would stand to reason that if someone you co-signed on a mortgage for files for bankruptcy that you would then be liable for making the payments.


What can you do if you are in Chapter 13 bankruptcy but still cannot manage your mortgage payments?

The only viable option would be to discuss the matter with the lender and hope that an equitable agreement can be made. In lieu of such, the petitioner should contact the BK trustee to find out if the Chapter 13 can be modified.


Does reaffirmation apply to ch 13 And if so and your mortgage was not reaffirmed can the mortgage company foreclose if mortgage payments are current How about after discharge of the debt?

Reaffirmation does apply to Chapter 13 bankruptcies, and the benefit of filing a Chapter 13 case is that you are usually able to retain your home (as opposed to a Chapter 7 case, where all of your assets are normally sold). Customarily, the debtor and lender enter into an agreement within the bankruptcy to cure the arrearages over a period of time while the debtor continues to make monthly payments. That said, if the debtor falls behind on the payments, the lender can petition the court for relief from the automatic stay and proceed to foreclosure. A lender may never foreclose if the mortgage payments are current and the debtor is in compliance with the other provisions of the mortgage. If your lender is foreclosing and you believe that you have made your payments on time (or adequately cured the arrearage in the bankruptcy), then you should contact an attorney immediately.


Can the mortgage lender foreclose on your home while you are participating in a chapter 13 bankruptcy?

Yes. A mortgage says that the loan is secured by the property. A "chapter 13" does not allow you to stop making payments on your mortgage.


What is a reaffirmed mortgage?

A reaffirmed mortgage is one that was included in a bankruptcy but the homeowners get to keep the home instead of losing it back to the bank. The payments and length of loan may be adjusted.


Can the petitioner in an open chapter 7 continue to pay debts that are not dischargeable in the bankruptcy?

I went through this same process and I continued to pay my mortgage while we waited on all the other items to be discharged. This helped keep my mortgage in good standing for when the discharge was complete. As for other bills, we went ahead and had them all discharged to eliminate all debt, except the mortgage. * Yes, if it is a secured debt the petitioner can continue to make payments. Unsecured debts, (credit cards, personal loans, judgments, etc.) should not be paid as it would give the appearance that the debtor is "favoring" a creditor.


What happens to the mortgagee if he files voluntary bankruptcy?

Assuming this is a straight bankruptcy, the mortgagee would lose the money that is owed to it on the mortgage loan. A bankrupt person or corporation loses all of his/her/ its assets to the Trustee in Bankruptcy so that the Trustee can liquidate those assets and distribute the net proceeds to the creditors. The mortgage loan is an asset which is then sold to the highest bidder along with the mortgage lien. The mortgage holder will now make the mortgage payments to whoever purchased the mortgage loan from the bankrupt estate. The mortgagee is left with nothing.


When do you file bankruptcy letter of intent?

You should file a bankruptcy letter of intent as soon as possible so that your creditors will be on notice. This will stop the harassing calls and foreclosure proceedings if you are behind in your mortgage payments.


How does one get a mortgage after suffering bankruptcy?

"Bankruptcy status remains on a person�۪s credit report for 10 years, but mortgage lenders want you to hold off on getting a mortgage for at least two or three years. If your post-filing debt payments have been reported to your credit agency as being on time, and you have steady employment, your chances of getting a mortgage financed increase considerably."


Can you refinance your mortgage if you did not reaffirm your mortgage in your chapter 7 bankruptcy?

In some bankruptcy jurisdictions, if you made all the mortgage payments when due after the filing (FILING, not discharge or close date), you may have re-instated the debt and can apply to refinance it. If you have not made any payments during the 6 months the chapter 7 was open, and did not make any payments for some time before filing, you may find it difficult to refinance. If the mortgage holder has not started foreclosure proceedings, it might be possible. If you can afford it, you can file a chapter 13 with a payment plan to get caught up on the mortgage arrears. You have to pay the trustee fee in your jurisdiction in addition to the mortgage arrears, in a plan that can be as long as 5 years.


Can the mortgage company at any time take your home away if you are still making payments after bankruptcy?

Ususually in BK a house is either voluntarily surrendered, because it is not possible for the borrower(s) to keep up payments.. Or the buyer reaffirms the loan with the lender and works out a plan to repay missed payments. If your mortgage payments are current, I see no reason why the lender would seek foreclosure.


Can your mortgage company harass you?

It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.It depends on what you consider harassment. They can demand that you pay your mortgage if you are behind in your payments.


If you continue to make payments will bank continue to pay taxes and insurance from escrow if you do not reaffirm your mortgage after chapter 7 bankruptcy?

If you continue making the regular mortgage payments, including the escrow amounts, you are reaffirming the debt. It would be better to formally file a reaffirmation agreement that is approved by the court.


What can I use to calculate mortgage payments?

Mortgage payments are very expensive nowadays, so you have to work hard to get rich and to get all the worldly desires you have, you can use a calculator to calculate mortgage payments.


Where do you get a mortgage loan after bankruptcy?

I just talked to a friend of mine today about this. She says that if you do not have any late payments sent your bankruptcy discharge your credit is good. She also said I'd be suprised to see how many lenders are willing to loan to me after the discharge of bankruptcy. This of course depends on wether or not your payments are current or if you have incurred any additional bills. Good Luck!


Should your parents have you on the title of their house to avoid forced sale?

If your parents granted a mortgage and then default on the payments, adding you to the title after granting the mortgage will not stop a foreclosure.If your parents granted a mortgage and then default on the payments, adding you to the title after granting the mortgage will not stop a foreclosure.If your parents granted a mortgage and then default on the payments, adding you to the title after granting the mortgage will not stop a foreclosure.If your parents granted a mortgage and then default on the payments, adding you to the title after granting the mortgage will not stop a foreclosure.


How much are the payments on a chapter 13?

The petitioner submits the repayment schedule/plan to the court and the court decides whether or not it is acceptable. The best option for the petitioner is to retain a qualified bankruptcy attorney rather than self-filing, as the forms, required documentation and so forth can be complicated to say the least. If the petitioner qualifies for the bankruptcy he or she should be aware that they will be placed on a very strict budget, which is one reason so many people fail to complete a chapter 13 BK ("Adjustments of Debts of an Individual With Regular Income").


What would I need a mortgage amortization calculator for?

The mortgage amortization calculator is for working out your monthly mortgage payments. It will also calculate into the equation when and if you make extra monthly payments on your mortgage.


CAN I QUALIFAY FOR A HOUSE LOAN IF I HAD CHAPTER 13?

Yes it is possible to qualify for a mortgage despite a Chapter 13 bankruptcy filing. In a Chapter 13 filing the debtor agrees to a court structured debt repayment schedule. Typically, after making payments on time to creditors as required by the bankruptcy agreement an individual can be discharged by the Court from the Chapter 13 proceeding. Once discharged from bankruptcy an individual can apply for a mortgage. Each bank has different rules about how soon someone can apply for a mortgage after a bankruptcy. Most people coming out of bankruptcy apply for an FHA mortgage loan since this program has the most lenient underwriting standards.


Can you file bankruptcy if you just purchased a home and want to keep your home?

Yes, one can normally keep a home in bankruptcy. When discussing losing a home in bankruptcy, there are two potential entities that can take it: the mortgage lender and the Bankruptcy Court. WITH RESPECT TO THE MORTGAGE LENDER: In Chapter 7, one may normally keep a home so long as mortgage payments are current (or an agreement with the mortgage lender can be worked out to let the debtor cure the arrearage). To do this in Chapter 7, the debtor may simply be able to keep making payments, or the mortgage lender may require the debtor to sign a reaffirmation agreement, reaffirming the mortgage debt. In Chapter 13, one can keep a home so long as they cure any arrearage in their Chapter 13 Plan and then keep future mortgage payments current thereafter (either by direct payments to the mortgage lender or through the Plan, depending on the jurisidiction). WITH RESPECT TO THE BANKRUPTCY COURT: One may normally keep a home in bankruptcy so long as the amount of equity that person has does not exceed the amount the state in which the person filed bankruptcy lets one keep in bankruptcy. For example, Indiana allows each person to keep $7,500.00 in residential real estate equity. So, if a person owns a home worth $100,000.00, and they owe $95,000.00 on it, then they have $5,000.00 in equity. Since Indiana lets a person keep $7,500.00, then the person with $5,000.00 in equity would be able to keep their home in bankruptcy. And, as a practical matter, even if a person is over their exemption limit a little doesn't mean the Court will take it, the Court will only sell a home if one is over their exemption limit by a substantial amount. And, even if a person is over their exemption limit by a substantial amount, that person can still keep the home by filing a Chapter 13 and setting up their Plan properly. And in some cases, you can also keep a home in Chapter 7 even if you're substantially over your exemption limit by paying the amount you are over the limit to the trustee. Ask your lawyer. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.


If you have an order to make mortgage payments in Lieu of childsupport What if you fall behind on the payments Is it contempt?

It may be. More importantly, do you want your child to be homeless? If you fall far enough behind on the mortgage payments the mortgage company could foreclose ... and then where would your child be? More likely, your state will go to your employer to garnish your wages for the payments to make sure you fulfill the arrearage and stay on time with future payments. Answer these questions for yourself: are your car payments on time? are your rent/mortgage payments on time? have you bought yourself any clothing in the past couple months? have you bought any gifts for others in the past couple months? have you gone out to eat in the past couple months? If your answer to any of these is YES, then tighten your belt, grow up, lose the self-indulgence and act like an adult ... a parent. Short of significant physical injury or illness beyond your control, you will face consequences.


What happens when you file bankruptcy on your house?

I assume that you live in the United States... Don't think that you can "pick and choose" debts to include in your bankruptcy case. A lot of lawyers get this wrong. When you file bankruptcy, all your debts must be listed...under penalty of perjury. A Chapter 13 bankruptcy allows you to keep your house, cure your missed mortgage payments, and resume your future mortgage payments. You must have sufficient income to get a Chapter 13 plan confirmed by the court. In Chapter 7 bankruptcy, you don't have to give-up the equity in your house (as long as the home equity doesn't exceed applicable dollar-limits, and the house otherwise qualifies as your "homestead" under applicable law). The discharge order relieves you of your personal liability for the mortgage loan (as long as you don't sign a reaffirmation agreement). The mortgage lien survives the case. Chapter 7 can temporarily delay foreclosure, but it doesn't help you cure past-due mortgage payments if you are trying to save your house.


Do chapter 7 bankruptcy relieves you of a mortgage in a divorce but the spouse stills lives in the home?

Yes it does- if spouse wants to live at the house then he/she must continue to make the payments.


Do you still have to pay monthly mortgage if you have a reverse mortgage?

No, the purpose of a reverse mortgage mortgage is to eliminate mortgage payments permanently.