Posted on: 18th Feb, 2009 01:27 pm
Life after bankruptcy discharge - worried about keeping home...We filed bankruptcy in late 2005. Discharge was in 2006. Right before the filing of the bankruptcy, we re-financed our home mortgage to an interest-only 5-1 arm so that we could afford the mortgage payment. (at that time, husband was unemployed).
Now, 5 yrs is getting close. Home value is below the mortgage loan. When looking at credit, the home mortgage was discharged. If we get to the point where we can't pay the mortgage (after the 5 yrs are up) how does the process work, since it's already discharged? Still goes to foreclosure? Is that yet another black mark on our credit, even though it's already been marked negatively with the bankruptcy? And the home loan is listed as a negative mark being discharged. Did trying to keep our home at the time of the bankruptcy end up being a mistake and, ultimately being a second negative if we can't re-finance or sell the house or make the house payments after the bankruptcy, but 5 yrs later?
Very confused on how the situation stands and what our options are in the future...
House very hard to sell. right before bankruptcy, we had it on market for about one yr. it is a two story in a town tin Nevada hat seems to draw retirees. They don't even want to look at 2 story homes.
Any suggestions would be greatly appreciated. Don't know where to turn, and getting very worried.
Now, 5 yrs is getting close. Home value is below the mortgage loan. When looking at credit, the home mortgage was discharged. If we get to the point where we can't pay the mortgage (after the 5 yrs are up) how does the process work, since it's already discharged? Still goes to foreclosure? Is that yet another black mark on our credit, even though it's already been marked negatively with the bankruptcy? And the home loan is listed as a negative mark being discharged. Did trying to keep our home at the time of the bankruptcy end up being a mistake and, ultimately being a second negative if we can't re-finance or sell the house or make the house payments after the bankruptcy, but 5 yrs later?
Very confused on how the situation stands and what our options are in the future...
House very hard to sell. right before bankruptcy, we had it on market for about one yr. it is a two story in a town tin Nevada hat seems to draw retirees. They don't even want to look at 2 story homes.
Any suggestions would be greatly appreciated. Don't know where to turn, and getting very worried.
Hi thearcadeversion,
As you haven't reaffirmed the mortgage, you're not personally liable for the mortgage payments. You can walkaway from the property. The lender will sell it off in order to recover as much dues as possible. However, he won't be able to come after you for the balance amount.
As you've filed Chapter 7, you won't be able to get a mortgage immediately after the discharge. You'll have to wait for 2 years after the discharge to get a FHA loan and 4 years to get a conventional loan.
Thanks
As you haven't reaffirmed the mortgage, you're not personally liable for the mortgage payments. You can walkaway from the property. The lender will sell it off in order to recover as much dues as possible. However, he won't be able to come after you for the balance amount.
As you've filed Chapter 7, you won't be able to get a mortgage immediately after the discharge. You'll have to wait for 2 years after the discharge to get a FHA loan and 4 years to get a conventional loan.
Thanks
I found out a short time ago, that my Lawyer failed to file a affirmation on my home. My BK discharge was August 26, 2009. I have made all payments on my home, on time. Now, two years later, I do not know what to do. Funny, Huh. I have been been paying for this house, taxes and Ins.. With absolutely no acknowledgement from the lender. Now, WHAT? Am going to talk to the lender in my area. But, am not going to hold my breath. My payments are near 1400.00 a month. The loan amount is 151000.00. But it's worth is 127,500.00. What would be you best suggestion be?
As the loan is not reaffirmed, the lender will not acknowledge the payments neither will he report the same to the credit bureaus. If you wish, you may stop the payment and ask the lender to foreclose or short sale the property. However, this might have a negative affect on your credit report. But the lender won't be able to come after you for any deficient balance resulting from the sale of the property.
We filled for BK in May 2011 (AZ)recently got discharged. We lost our home but where able to keep 5acre prpperty w/guest house, since in AZ u can keep property w/ equity up to $150,000. I recently had my 4th child and we need to move. This property is all paid off. If I sell it will I be able to keep all the money that I sell it for or will some be taken away?
Another question: Let's say I sold it for $150,000 and purchased
a home for about the same.In about 3 years if my new home goes up in value would I have a problem with Trustee trying to collect the difference???
Another question: Let's say I sold it for $150,000 and purchased
a home for about the same.In about 3 years if my new home goes up in value would I have a problem with Trustee trying to collect the difference???
Hi Irozelma!
Welcome to forums!
As far as I know, if you sell off the property now, you will be able to keep the money as the bankruptcy filing has been discharged now. Nevertheless, it will be better if you could contact your bankruptcy attorney and take his help in this matter.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
As far as I know, if you sell off the property now, you will be able to keep the money as the bankruptcy filing has been discharged now. Nevertheless, it will be better if you could contact your bankruptcy attorney and take his help in this matter.
Feel free to ask if you've further queries.
Sussane
i surrendered my property when i filed chapter 13 is there any way to negoiate with the lender to keep the property thru a bankruptcy remodification?
property surrendered in chapter 13 can do a bankruptcy remold with chase
Hi james!
Welcome to forums!
You will have to speak to your bankruptcy attorney, trustee as well as the lender in order to find out whether or not you will be able to modify your filing and save the property. It will be the discretion of the bankruptcy court and the lender whether or not they will allow you to do so.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
You will have to speak to your bankruptcy attorney, trustee as well as the lender in order to find out whether or not you will be able to modify your filing and save the property. It will be the discretion of the bankruptcy court and the lender whether or not they will allow you to do so.
Feel free to ask if you've further queries.
Sussane
If they are not reporting good or bad on your credit report after you did not reaffirm, will they report the foreclosure?
Hi jj!
Welcome to forums!
Your query has been replied to in the given page: http://www.mortgagefit.com/inprocess/about53345.html . Please take a look at it. I hope it will help you.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
Your query has been replied to in the given page: http://www.mortgagefit.com/inprocess/about53345.html . Please take a look at it. I hope it will help you.
Feel free to ask if you've further queries.
Sussane
went bk in 08 and surrendered my homein 08 and discharged in sept 08. But I went to get approved on a new home today but the lender said my name is still on the property with the recorders office. This is like a bad dream 4 years later. Though in 08 countrywide filed a motion for relief from automatic stay in 08. and it was granted in 09 its like a nightmare. Its like the bank didnt finish their job. who can help me :( also in 08 I did not reaffirm the property.
Hi tom,
Unless the old property is sold off, it will be difficult for you to qualify for a new loan. You should contact your previous lender and ask him to sell off the property asap so that you can then apply for a new loan.
Thanks
Unless the old property is sold off, it will be difficult for you to qualify for a new loan. You should contact your previous lender and ask him to sell off the property asap so that you can then apply for a new loan.
Thanks
It is no wonder the housing market is such a mess. If you file chapter 7 and your home mortgage is discharged it cannot be reported again as foreclosed. It will be filed as a public record as the foreclosure process still occurs but is not counted on your credit report as you are no longer are liable. Good luck finding anyone short of a lawyer with any clue on how this works as banks are in large part out of compliance on most law in this regard.
Thanks for sharing your opinion, Guest!! :)
hello
could someone please help me i am very concerned
we filed for bankrupcy two years ago and did not reaffirm our mortgage
our current mortgage as a stipulation that it needs to be paid by the year 2018 and redue the terms with them or another company
so we are trying to refincance now to make sure we have a lender that will deal with us for if we do the bank we are dealing with says they will not redo the mortgage.
is it possible to get a cash loan to pay off the mortgage around 155,00
do i include the mortgage as a debt
what happens if no one will lend us the money to refinance
is it best to sell the home and pay it off then try and rebuy a new house i do not want to see this house
thank you
could someone please help me i am very concerned
we filed for bankrupcy two years ago and did not reaffirm our mortgage
our current mortgage as a stipulation that it needs to be paid by the year 2018 and redue the terms with them or another company
so we are trying to refincance now to make sure we have a lender that will deal with us for if we do the bank we are dealing with says they will not redo the mortgage.
is it possible to get a cash loan to pay off the mortgage around 155,00
do i include the mortgage as a debt
what happens if no one will lend us the money to refinance
is it best to sell the home and pay it off then try and rebuy a new house i do not want to see this house
thank you