Foreclosure

The process by which the holder of a mortgage sells a property after the debtor defaults on their loan for it

4,474 Questions
Repossession
Foreclosure
State Laws

What are the repossession laws in Georgia?

Georgia's Repossession Laws
  • TITLE STATE: Yes
  • SECURITY INTERESTS: Shown on title held by lien holder.
  • LICENSE REGISTRATION: Georgia Motor Vehicle Division, 270 Washington Street, Atlanta, Georgia 30334. Tel: (404)362-6500.
  • RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace.
  • Plates no longer remain with the vehicle in Georgia, they are issued to the person now and are transferrable.

Repossession Actions

Your car can be seized by the repo company as soon as you are notified that you are in default of your loan.

If your car is worth say $5,000 - and you OWE $10,000 on it - after they repossess it - they will sell it (usually at auction) and if they get $3,000 - they will sue you for the balance of $7,000 - and they WILL garnish wages (50% of your paycheck after taxes) until the car is paid for! If the car is not running - again they can have it repaired and sue you for the repair bill! And DO NOT THINK that the repo guys and auction houses do not work together - of course they do! If you have a $35,000 car and the repo guy wants your car - (after they repo it) - they CAN auction it for $1500 to the repo guy - and YOU pay the $33,500 balance - and Mr. Repo is driving a $35,000 car for $1500!

By law, the company that finances the loancannot be the company that handles the repossession. But they are often companies that work together.

Also ANY improvements ALWAYS stay with the car. If you have a $2,000 stereo system - it stays with the car. Any personal belongings of yours inside the car must be returned to you by the repo company within 3 days. But without proff this is hard to enforce.

The repo company will usually take your car at night - and most are very good - they can hook it to a tow truck and be gone - usually in under 30 seconds!! They will go around the corner - then secure the car to the tow truck!! And if the car falls off the tow truck - YOU pay the damages!

A repo is on your credit history for 7 years - although it is common for them to disappear after 5 years!

Most states are 90 days late before repo-ing a car - but under the Bailout, GM's federal agreement overruled your state laws.

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Home Equity and Refinancing
Foreclosure
The Difference Between

How does a home equity line of credit work?

Home Equity Lines of CreditA home equity line of credit is a form of revolving credit in which your home serves as collateral. Because the home is likely to be a consumer's largest asset, many homeowners use their line of credit only for major items such as education, home improvements, or medical bills and not for day-to-day expenses.

With a home equity line, you will be approved for a specific amount of credit, your credit limit, the maximum amount you may borrow at any one time under the plan. Many lenders set the limit on a home equity line by taking a percentage (say, 75 percent) of the home's appraised value and subtracting from that the balance owed on the existing mortgage.

In determining your actual limit, the lender will also consider your ability to repay, by looking at your income, debts, and other financial obligations as well as your credit history.

Many home equity plans set a fixed period during which you can borrow money, such as 10 years. At the end of this "draw period," you may be allowed to renew the line of credit. If your plan does not allow renewals, you will not be able to borrow additional money once the period has ended. Some plans may call for payment in full of any outstanding balance at the end of the period. Others may allow repayment over a fixed period (the "repayment period"), for example, 10 years.

Once approved for a home equity line of credit, you will most likely be able to borrow up to your limit whenever you want. Typically, you will use special checks to draw on your line. Under some plans, borrowers can use a credit card or other means to draw on the line.

There may be limitations on how you use the line. Some plans may require you to borrow a minimum amount each time you draw on the line (for example, $300) and to keep a minimum amount outstanding. Some plans may also require that you take an initial advance when the line is set up.

In A Nutshell-- Example: You bought your home 11 years ago-- so far you have paid a total amount of $56,000 toward the contract loan amount given to you by your initial bank-- You now have $56,000 in Built-UP equity that you can borrow against-- from either the same bank that gave you the initial loan to purchase the home in the first place or from another different bank. You have an invested $56,000 in the home and the bank knows that you will not want to falter and take the chance on losing the home after you have already put soo much money into it. An so if you want to take out a loan from the same bank or a different bank they will most likely welcome you and issue you a Home Equity Line of Credit Loan as long as you Promise BY Contract that if they give you a loan against your built-up equity you will give up your investment portion of the home if you falter on the payments. If you do this with your initial bank the bank could give you an extended mortgage contract against your first mortgage contract making your payments slightly higher and adding more time for you to pay the amount owed-- if you do this using a second bank you will likely be be faced with a second mortgage.

I ACCEPT CONSTRUCTIVE CRITICIZM -- Please feel free to add to thisinformatin

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Debt and Bankruptcy
Debt Collection
Foreclosure

What can you take before foreclosure sale?

You can take your personal property, anything that is not attached to the real estate such as furniture, area rugs, tools, portable air conditioners, phones, computers, appliances that are not built-ins, etc. Of course you may take all your personal property such as your kitchenware, clothes, TVs, tools, furniture, plug in lamps, etc. You may not take built in appliances or bookcases, installed floor coverings, window shades, plumbing fixtures, light fixtures, towel bars, kitchen cabinets, awnings, permanently affixed air conditioning units, etc.

This list is open to modifications.

401402403
Liens
Foreclosure
Property Law

What happens to a tax lien on a property lost in foreclosure?

Tax liens are not wiped out by a foreclosure. They must be paid in order to clear the title to the property so that it can be sold. If the lender has to pay them it will add that amount to the amount you owe.

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Loans
Mortgages
Home Equity and Refinancing
Foreclosure
Money Management

What guarantees may a mortgage company insist on?

Lenders can require a variety of conditions such as:

  • that you live on the property
  • that you pay your property taxes to the lender so it can make certain they are paid
  • that you not make changes to the title without notifying the lender
  • that if you breach your agreement the lender can accelerate the loan payment
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Repossession
Debt and Bankruptcy
Taxes and Tax Preparation
Debt Collection
Foreclosure

How does deed in lieu work?

The deed in lieu is pretty straightforward. In short, it means that the mortgage creditor will accept the deed of the house in lieu of payment when the debt owner is no longer able to pay upon the debt. When this happens, the home owner surrenders the property and moves out saving the mortgage creditor the lengthy time and legal trouble of taking an legal action upon the home owner to remove the home owner from the premises, enabling the creditor to recover the debt owed. Usually this is to the benefit of the home owner in situations where the housing market is depressed, there are many foreclosures on the market preventing the usual sale of the home, and the amount of equity in the house is not worth keeping the house, and/or selling the house under normal market circumstances.

If you have a second mortgage, you should also consider that that debt is yours because the mortgage creditor is only concerned about the first mortgage, and not any subsequent mortgages taken against the home.

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Foreclosure
Alabama

Is Alabama a non recourse state?

Alabama is a Recourse State. Banks can sue for the difference.

305306307
Debt and Bankruptcy
Bankruptcy Law
Foreclosure

Should you declare bankruptcy?

Personal bankruptcy generally is considered the debt management option of last resort because the results are long-lasting and far-reaching. A bankruptcy stays on your credit report for 10 years, making it difficult to acquire credit, buy a home, get life insurance, or sometimes get a job. However, it is a legal procedure that offers a fresh start for people who can't satisfy their debts. Individuals who follow the bankruptcy rules receive a discharge which is a court order that says they do not have to repay certain debts.

Chapter 13 and Chapter 7. Both types of bankruptcy may get rid of unsecured debts and stop foreclosures, repossessions, garnishments, utility shut-offs, and debt collection activities. Both also provide exemptions that allow people to keep certain assets, although exemption amounts vary. Note that personal bankruptcy usually does not erase child support, alimony, fines, taxes, and some student loan obligations. And unless you have an acceptable plan to catch up on your debt under Chapter 13, bankruptcy usually does not allow you to keep property when your creditor has an unpaid mortgage or lien on it. Whether one files bankruptcy is very subjective & one should consult an attorney for help deciding. Accordingly, everything below is FOR INFORMATIONAL PURPOSES ONLY & no person should take any action or inaction based on what it says. The info below is NOT legal advice and does NOT create an attorney-client relationship & no person should rely on info they get off the internet as a substitute for actual legal advice.

BUDGETING One of the things to consider is whether you can find a way to pay bills on your own, and if so, how long it will take to become debt-free and how hard it will be on your family to do so. One can get their pay stub & checkbook and see if they can design a feasible budget that pays more than minimum payments toward the debts without sacrificing too much (i.e. can you afford your child's medicine if you pay triple payments on the credit cards?). Make a budget that pays at least triple the minimum monthly payments toward unsecured debts (like credit cards) or it might take 20 years to pay them off!

CREDIT COUNSELING The credit counseling service one calls should be selected carefully since MANY OF THEM ARE SCAMS. A good credit counseling service should sit down with you IN PERSON (if you have to call an out of state place at an 800 number, you might be making a mistake!), look at your income and expenses, help you fashion a workable budget, & then contact all of your unsecured creditors & negotiate lower balances & interest rates. Then, you pay one monthly payment to the credit counseling service that they then distribute to each of the unsecured creditors. Ideally you become debt-free in 3 to 5 yrs. If the credit counseling service bad-mouths other debt reduction alternatives (i.e. if they say something like "bankruptcy is a 10 year mistake" or other such rhetoric), then they may not really be concerned with what course of action is in your best interest but rather they just want to sell you their product. If they don't seem open-minded to every possibility that might make your life better, find another credit counseling agency. If the credit counseling service suggests you see a bankruptcy attorney, or if the payment amount they come up with is too high, then bankruptcy may be a good option.

DEBT SETTLEMENT Another option to deal with debt is to try settling it. Many people use an attorney for this since there are many pitfalls to debt settlement (more than I can cover here). One catch with debt settlement is that you usually need cash to do it. If you can come up with cash (i.e. from a home refinance, tax refund check, or loan from a relative, for example), then one can frequently settle his or her unsecured debts for around 30 to 60% of the balances. One normally contacts his or her creditors IN WRITING and offers a cash settlement of maybe 15% of the balances, & then negotiates with the creditors until each creditor agrees IN WRITING to accept a certain amount of money to forgive the rest of the debt so long as the settlement amount is received by a certain date. Then, the person mails the agreed-upon amount to each creditor, by certified mail, return receipt requested (so the person can prove that each creditor received the settlement funds timely), and then the debts are gone. Sending cash is a BAD idea, the payment needs to be a check or in some other form that you can prove they got. NOT getting the agreement in writing prior to sending money or not BEING SURE you can get the money to the creditor by the agreed upon deadline are BIG mistakes. it is advisable to use an attorney.

309310311
Debt and Bankruptcy
Foreclosure
Civil Process

How long will a foreclosure take after lis pendens?

The lis pendens is usually filed at the beginning of the foreclosure lawsuit. If you don't answer the foreclosure complaint, a default judgment will be entered against you, and foreclosure will take place in about 90 days. If you answer the lawsuit, the foreclosure can take a year or more to occur.

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Foreclosure
Property Law
Contract Law

What is a foreclosure under contract?

That means a lender has executed a purchase and sale contract on a property it owns by foreclosure and a sale is pending.

299300301
Law & Legal Issues
Debt and Bankruptcy
Debt Collection
Foreclosure
Real Estate

What does barred by foreclosure mean?

When a foreclosure is conducted according to law, the debtor's right of redemption is forever barred by the foreclosure. That means the debtor has lost the title to the property and the lender is the new owner. That phrase is also used when a municipality takes possession of a property for non-payment of real estate taxes through a judicial process. The final court decree in a tax title case forever bars the delinquent owner's right of redemption by reason of the tax foreclosure.

295296297
Resume Writing
Foreclosure
The Difference Between

What should you do if you do not hear back after sending your resume?

Resume Edge, a consulting group that rewrites resumes and letters for job hunters, recommends that you send a follow-up note about three weeks after submitting a resume. See the link to the right for their "how to write a follow-up" advice and a sample.

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Mortgages
Foreclosure

What is the redemption period for Kansas?

The Redemption period in Kansas is 3-12 months after the foreclosure, depending on the amount of money (as a percentage) that has been applied to the principal balance. To redeem and sell after the foreclosure, the borrower has to re- pay the amount of the highest bid at Sheriff's Sale-- in addition to applicable interest and other fees. Many times, that offers a nice opportunity for both sellers (to walk away with cash and salvage a bad situation) and buyers (to purchase under the market prior to the home becoming property of the bank).

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Debt and Bankruptcy
Credit Reports
Debt Collection
Foreclosure
Credit

Can a foreclosure be removed from your credit report after the property has been taken back?

  • No, the foreclosure will stay on your credit report for 7 years. After you will probably have to request it be removed by submitting a written request to the three major credit reporting agencies.
  • I lost my job, and had to sell my house. My lender filed a petition of foreclosure on my house the same time I sold it. The house was paid off before any foreclosure was done. But it still shows on my credit report. Now I can't get a mortgage loan to buy another house. What can I do? "...the lender filed foreclosure at the same time I sold it...What can I do?"
  • Since foreclosure proceedings were actually filed against you, their appearance on your credit report is correct. This type of information is supposed to show. This is what credit reports are all about. There is no legitimate way to have such information removed.
  • All legal proceedings are public records, open for viewing at the courthouse, thus available to anyone who searches. So even a gimmick method of credit report would only yield temporary results. There are existing safe-guards which ensure that this type of information is reported for its' full time period, which is 7 years from date of filing.
  • Instead of spinning your wheels at this hopeless endeavor; why not educate yourself on the reality of finances and credit. Re-build your savings and credit. In a few years, you will still have the foreclosure showing, but you will also have a record of efforts to recover from this disastrous financial and legal event.
  • 1) There is a difference between a bank filing a foreclosure suit, and actually having your house foreclosed.
  • 2) If you sold the house before a foreclosure judgment was made final in court you were not foreclosed on.
  • 3) Go to your county courthouse and get a copy of your cases dismissal. If one was not filed by your old mortgage company, get them to file it. (They are obligated to dismiss it after they've received payment)
  • 4) After you get a copy of the dismissal, contact all major credit reporting bureaus, and dispute your credit profile by reporting the negative entries on your credit report as inaccurate (because they are).
  • 5) The Credit reporting agencies will validate your information with your old lender, after a few weeks, the will let you know the outcome of your dispute. If the old bank does not modify the information, then send the copies of the dismissal to the credit reporting agencies, and have them notate the inaccuracies right into your report.
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Debt and Bankruptcy
Debt Collection
Foreclosure

Can you stop a foreclosure once sale date is set?

Yes. There are generally 3 ways to halt or postpone the sale:

1) File bankruptcy

2) Negotiate with the lender for a postponement. This is usually done to allow time to work on a loan modification.

3) Take legal action against the lender. If you have legal basis, you may file suit or complaint against the lender for fraud, breach of contract or procedural errors that would cause the sale to be postponed.

Remember that unless you will ultimately be able to afford the home, these are merely going to postpone the inevitable. If you are trying to buy time in the home these methods may work, but may further damage your credit (additional late payments reporting). There have been cases where borrowers negotiated with their lender for postponements repeatedly and successfully for over a year, sometimes 2 or more.

209210211
Mortgages
Home Equity and Refinancing
Foreclosure

Can you refinance a house that is listed for sale?

Yes, you can refinance a home that is listed for sale.

I, like many, have refinanced property/homes that are either for sale and even those with sale contracts on them.

Not only can you use the more normal types of finance, including lines of credit, etc., but the class (or term) for loans that are made exactly to do so is called "bridge loans" or "bridge financing". Generally because it bridges you from one to the other property. (If you are doing this to have the funds to close on a second property, you can sometimes arrange financing that essentially will cover both, with the first one dropping off at sale, called a blanket mortgage).

Understand, the mortgage company has nothing really at risk if you are selling, as their loan is secured to the property and they will get paid sale proceeds before you.

Contrary to the above, lenders (investors) would love everyone to pay off early! The interest rate you see (actually that thing called APR) is for the interest and costs over the term of the loan. If you pay a loan off early, you effectively pay a MUCH higher interest rate (actually APR). Much, much higher. Consider how much you would pay on say a 30 year loan you refinanced every year. Lots and lots of fees and up front interest, and at the end of 30 years, you wouldn't have paid any principal really and still owe the original amount! The early payoff of loans is one of the major income factors for lenders.

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Debt and Bankruptcy
Home Equity and Refinancing
Foreclosure

Should you get a foreclosure loan?

== Foreclosure loans== Beware of this situation: You can't pay your mortgage and face foreclosure. A "lender" contacts you, offering help. First, the lender requires you deed the property to him, claiming this is a temporary safety measure to prevent foreclosure. Once the lender has the deed, he owns your property. He can borrow against it or sell it to someone else. The lender can treat you as a tenant, using the mortgage payments as rent. Once you default on the payments, the lender can evict you from your own home. More opinions from FAQ Farmers: * What most homeowners do not realize is that there are government and private programs available to resolve their situation - with no need to obtain a new loan - and no need to have excellent credit. These solutions often cost much less than obtaining a new loan.

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Mortgages
Foreclosure
Deeds and Ownership

Can two people have separate mortgages for a single property?

Generally no, all the owners of a property (and in many states their spouses) must sign a deed of trust or mortgage. The purpose of the mortgage is to give the lender the authority to take possession of the property by foreclosure in case of a default. When all the owners haven't signed, it's usually because someone (at a bank, title company or law firm) has made an error.

If a mortgagor defaults following a properly executed mortgage, the lender can take possession of the property by foreclosure and sell it. If all the owners (and spouses in some states) didn't sign the mortgage then the lender can take only the interest of the owner who did sign the mortgage and cannot take the interest of the owner who did not. Therefore, the lender could not take 100% ownership or possession of the property by foreclosure because it has no claim to the non-mortgagor's interest.

However, remember that what we typically call a "mortgage" involves TWO legal documents, a promissory note AND a recorded document called either a "deed of trust" or "mortgage" depending on state law. It is the promissory note which obligates the borrowers to repay the debt, not the recorded deed of trust or mortgage. The deed of trust/mortgage is the consent by the OWNERS of the property to use that property as collateral for the loan. The borrowers signing the note and the owners ("mortgagors") signing the mortgage do not have to be the same people (although in residential mortgages there is usually at least one person who is both a note borrower AND a mortgagor). It is not always possible to determine from the recorded mortgage who is responsible for the repayment of the note

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Debt and Bankruptcy
Co-signing
Foreclosure

Will bankruptcy affect the co-owner of a house?

To me this is a pretty easy no. Once you get the report I would dispute it and make the bureau prove that your mom filed bankruptcy. They will not be able to so it will have to be removed. It sounds like the mortgage company got wind of the bankruptcy and told the bureaus that all of the owners of the house filed for bankruptcy.

Are the co-owners married? If not, then the bankruptcy effects the owner to the extent that she (he, it) will need to get clear title since it cannot be sold unless the title (deed) gets cleared. Anyone out there knows what needs to be done?

If two people own a house and one files bankruptcy - the bankruptcy can affect the other owner. First, if the house were to be sold or refinanced - the title company or lawyer (depending upon where you live) will search the local courts, where the bankruptcy procedures would be found. As long as the courts don't file an order that the house must be sold or anything like that then title company/lawyer will wait until the bankruptcy is discharged before proceeding.

The way the deed is titled defines how real property is held and how it can be subjected to division or protection under bankruptcy laws or judgments. Every state has what is known as a homestead exemption, in the majority of bankruptcy cases this will protect property that is used as a primary residence. It is important however to know how the state of residency laws apply to joint ownership especially a "JTWRS" as opposed to a "TIC".

225226227
Personal Finance
Debt and Bankruptcy
Loans
Mortgages
Debt Collection
Foreclosure
Money Management

Is there a way to get down payment assistance on a HUD foreclosure but have a conventional loan?

== == You can only receive DPA through FHA, and not conventional. HUD repos only require 100 bucks down

223224225
Home Buying
Foreclosure

What are the benefits of buying foreclosed homes?

AnswerThe obvious benefit is that you are purchasing a distressed property that has to be sold because of an unfortunate financial situation. This should result in a below market price purchasing opportunity.

Financing will differ if you are purchasing the property as an investment or as a primary residence. Many of these properties will also have repairs that will need to be made in order to pass inspection and bank appraisal, so you will need to have a clause in your purchase agreement covering this eventuality. For instance, if it is a HUD house, you may find yourself in a position where you are unable to get a loan on the house if certain repairs are not done and HUD refuses to do them, let you pay for them, or do them yourself. It can be a sticky wicket.

It also depends on whether you are buying only as an investment or if you intend to occupy the house. For example you may not want to live in a neighborhood where most of the homes are rentals, but this may not matter if it is an investment.

As with any major purchase you need to do your homework because many of the laws that protect you in a conventional real estate transaction may not apply to a foreclosed property. Further many times if the person who owned the home was foreclosed on because of not being able to make their mortgage payments, there may be other debts such as property taxes that will need to be considered.

Remember that these people are "losing their home," and you may be the target of their disappointment. On your final walkthrough (or do so before closing), take pictures of the home, particularly light fixtures, fans and appliances. Our sellers made off with many of the lighting fixtures and parts of the house and we had no recourse.

Finally, if you do buy a foreclosed house, make sure that you have some savings to apply to repairs and replacements. These houses are a great deal pricewise, but there will be some sweat equity involved for the bargain.

AnswerAt first glance, it looks like a tempting deal: you get a perfectly good home for practically half the price for sale, or even less. But this could be a catch, because every city has unscrupulous sellers, buyers, agents and lenders. So, take note of the following points:
  • Know What You're Buying
  • Do A Title Search
  • Get Insurance
  • Check Into The Equity
  • Work With Your Agent
AnswerForeclosure homes offers you the smartest way to save lot of money and time (if the foreclosed property is in great shape). If you have no time and not much more money to invest for getting best home in your preferred area then buying foreclosure homes for sale could be the best solution. But follow the advice above.
220221222
Foreclosure
Property Law
Landlord-Tenant Issues
The Difference Between

How do i serve eviction notice in Arkansas?

Hi,

I'm not sure about Arkansas, but I had to evict a loud (and destructive) tenant of mine last year, and my wife found out about a site that serves the eviction notices for you, and makes sure you get the right one.

We're from Washington, and the laws and stuff that the forms followed seemed pretty legit.

The sites fastlandlordforms.com, but it looks different than it did when we used it last year. I emailed them and asked if they were the same, and within a day or so they got back to me, and they are!

Good luck with your tenant.

213214215
Mortgages
Home Equity and Refinancing
Foreclosure
Shirdi

How soon will a bank repossess a home?

Banks can foreclose in as short as 90 calendar days.

206207208
Debt and Bankruptcy
Bankruptcy Law
Foreclosure

Are assets in your children's names like custodial accounts and 529 plans protected if you have to file bankruptcy?

I don't know anything about 529 plans, and I can't cite any law or cases, but it has been my experience - in Southern Indiana at least - that trustees don't usually pursue joint accounts with balances in excess of the exemption limit IF the accounts were not funded by the debtor. In other words, if a debtor has a joint account with a child with a $5,000.00 balance, and Indiana only allows a debtor to have at most $100.00 in cash exemption, then if the debtor can show that the account was funded by the child's grandparent and that the debtor's name is on the account solely as a custian for the child, then the trustees usually do not pursue the funds. If however the debtor funded the account, trustees do normally pursue the funds. If trustees didn't pursue the debtor-funded accounts, then any person who knows they're going to file bankruptcy and who has more cash than bankruptcy allows them to keep would simply open an account in their child's name and dump all of the cash into it.

Another possibility: I haven't had this happen, so I don't know for sure and I am doubtful that it would work, but trustees may let you keep a debtor-funded joint account IF the account was funded long enough ago to convince the trustee that title to the funds did pass exclusively to the child and the debtor could not have done it in anticipation of bankruptcy because it was so long ago (more than a year ago at least). I don't know if this would work or not, but by analogy, debtors may put money into their own exemptable retirement plans and it's safe (in Indiana at least) as long as the retirement plans were funded more than 1 year before the bankruptcy filing (since this is the amount of time Indiana decided was long enough ago that the debtor didn't dump cash into the retirement fund in anticipation of bankruptcy). My overall thoughts are that how each district handles this question probably varies widely from district to district, so it would be a good idea to consult an attorney in your area.

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.

203204205
Insurance
Homeowner's Insurance
Loans
Mortgages
Foreclosure
Money Management

What happens if you lose home insurance and you are paying a mortgage?

If you do not get another policy the mortgage company will procure its own policy which will only cover your home. The policy covers the bank's interest, not yours. For example, if your home burns down, the "forced placed policy" will not cover any damage to your contents.

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