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You cant have both concurrently. I know most servicers and Fannie guidelines for loan modifications do not allow a loan modification while in Bankruptcy. There is a bill floating around congress that would allow Bankruptcy judges to do cram downs and modifications of loan term in Bankruptcy court. This would be the most practiable way, However there is a huge lobby for the banks that dont want this bill passed.
Do the mod, then file the BK. I'm assuming your filing a Chapter 13? You did not specify in your question.
What else can I help you with?
Can you do a loan modification if you are in chapter 13?
A Chapter 13 bankruptcy puts the entire debt collection process on hold to give the filers time to work out a court-approved repayment plan for a portion of their debts. Thus, because the process is on hold, a loan modification can not be enacted while a mortgage is currently under the supervision of the Chapter 13 trustee. However, it is possible to negotiate a modification of a loan with the mortgage lender during the bankruptcy. But it will be necessary to have the bankruptcy case voluntarily dismissed before the modification can be finalized and put into effect. Banks may not be willing to negotiate with the borrowers under the circumstances of a Chapter 13, though.
Will a loan modification application stall foreclosure proceedings?
I know of people who applied for the modification but all the while the mortgage company proceeded with the foreclosure. So, yes they still will foreclosure apparently. Its like one hand doesn't know what the other is doing. the individuals that I know had to file chapter 13 bankruptcy to stop the foreclosure sale from happening
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 you refinance your mortgage during bankrupcty?
No, you can't borrow any more $$$$ while you are in bankruptcy. Even on an existing loan. It is against the law.
Does borrower have to repay private mortgage insurance after filing chapter 13 bankruptcy?
In Chapter 13 bankruptcy, borrowers typically reorganize their debts and may be able to include the repayment of private mortgage insurance (PMI) in their repayment plan. However, it ultimately depends on the specific terms of the bankruptcy plan and the court's approval. If the PMI is tied to the mortgage, it may need to be repaid, while other debts may be discharged. It's advisable for borrowers to consult with their bankruptcy attorney for tailored advice.
Can a mortgage be released in a chapter 7?
Yes, a mortgage can be released in a Chapter 7 bankruptcy, but it typically depends on the specific circumstances of the case. While Chapter 7 can discharge personal liability for the mortgage debt, it does not eliminate the lien on the property itself. If you choose to keep the home, you will need to continue making mortgage payments; otherwise, the lender can still foreclose. It's advisable to consult with a bankruptcy attorney to understand the implications for your situation.
Can I get a home loan while I am in bankrupsy?
can i get a loan to get caught up on my mortgage before foreclosure i have a good job now CAN I GET A MORTGAGE LOAN WHILE IN CHAPTER 13 BANKRUPTCY Yes, you can. However, it will be at a very high interest rate. Approach your local credit union for the best deal.
Can you refinance in chapter 13?
Yes. If you have had 12 months of on time payments to the truste and your mortgage has been paid on time,While participating in a Chapter 13 bankruptcy, no major financial transactions are allowed w/o the permisson of the bankruptcy trustee.
How long does it take for a bankruptcy trustee to approve a mortgage loan while still in chapter 13 bankruptcy?
The approval process for a mortgage loan during Chapter 13 bankruptcy can vary, but it typically takes several weeks to a few months. The bankruptcy trustee must review and approve the loan, ensuring it aligns with the repayment plan and does not negatively affect the debtor's financial situation. Factors such as the complexity of the case and the lender's requirements can influence the timeline. It's essential to communicate with both the trustee and the lender to expedite the process.
How do you write a hardship letter for mortgage approval?
A letter of hardship for loan modification is essentially your best prospect to give explanation to the lender, the conditions that led you to be in arrears on your mortgage. It is crucial to be precise, clear-cut, and truthful while writing the hardship letter. Sugar-coating your situation is not recommendable.
Can I do a Bankruptcy and foreclosure with a second mortgage at the same time?
YOU don't evcer do a foreclosure on what you own. the bank does. Bankrutpcy overrides foreclosure and in fact will essentially delay it while the property is sold in the BK process.
How do I get the best mortgage rates while not getting tricked by small print?
The best way to get the best mortgage rates without getting tricked by small print, is to go find a lawyer. This way, they are able to save you from any fine print troubles.
