chapter 13 bankruptcy can often be paired with your loan modification. After the trial modification terms have been agreed upon, we can help you file. If the loan modification is built into your bankruptcy filing, the lender may be forced to accept the new mortgage payments as part of your three to five year payment plan.
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Yet chapter 13 of the bankruptcy code (whose drafting was largely the work of the financial industry) prevents homeowners from declaring bankruptcy on mortgage loans. rules by which the market runs.
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Most filers chose to file chapter 7 bankruptcy. Now, applicants must pass a Means Test to see if their income and/or ability to pay excludes them from filing one or the other type of bankruptcy. That is, if you have enough disposable income to make payments on a Chapter 13 plan, you will not be able to file Chapter 7.
As with Chapter 13 bankruptcy, FHA regulations demand a full explanation to be submitted with the fha home loan application. To get a new FHA insured mortgage loan after Chapter 7, the borrower must qualify financially, establish a history of good credit in the wake of the filing of the Chapter 7, and meet other FHA requirements.
A loan modification does not re-establish liability on a loan that is (or was) discharged in bankruptcy. The modification changes the terms of the loan, but a new loan is not being created, and the debtor is not agreeing to once again take on personal liability for the loan. The only instance where personal liability on a modified loan survives a bankruptcy is if it was reaffirmed during the bankruptcy. Contrast this with a post-bankruptcy mortgage refinance, where (1) an entirely new loan.
· How much will my Chapter 13 payment be?. like those that come from seasonal work. In fact, it may be possible to construct a plan in which the payment amount will change every year, every six months or even every month if income is expected to increase or decrease.. Mortgage Loan Modification and Bankruptcy. Removing Bankruptcy’s.
Impact of Post-Bankruptcy Loan Modification Since the bankruptcy discharge eliminated the borrowers "obligations" under the Note, there is no obligation left to modify. If, however, the borrower and lender enter a Modification Agreement, the terms would likely express either a reaffirmation of the debt or, alternatively, a new promise to pay.
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