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Saving my house while in Bankruptcy

Posted on: 15th Jun, 2009 10:07 am
I'm currently in BK Chapter 7 had already our first meeting. My Mortgage lenders BK department sent out a reaffirmation form and my BK attorney said not to sign it..but I'm despreatly trying to save my house because the rental here in California is more than we can afford it's like my mortgage. How can I negotiate with my lender to reduce my payment as they had origionally were offering before I filled for BK. Now they refuse to talk to me all together since I'm in BK and my BK attorney refuses to talk to them because she wants nothing to do with helping me save my home. What do I do??? can I talk to the trustee and tell them I want to work something out with the lender..would that help if I sign the reaffirmation form and give it to the BK trustee?
Hello,
From what I've read, most people are urged strongly to not sign reaffirmation. Benefits of discharge are lost with this option. Speak with your attorney about not including the mortgage in the bankruptcy and continuing to pay the mortgage. The thought is to keep a current mortgage and negotiate a better rate with the lender. That said, if you decide to sign the agreement check with your attorney first to find out the length of time you'd have to go before the court in case you change your mind about the reaffirmation.
Good luck.
Posted on: 16th Jun, 2009 07:47 am
We are current with our mortgage but behind with credit card payments. I wanted to know if we do go bankrupt is there any guarantee of saving our house? Please let me know. Thank you Carleen
Posted on: 07th Sep, 2009 04:54 am
Hi Guest,

Though you file bankruptcy, there are chances that you would be able to save your property. You can go for the option of Chapter 13 bankruptcy wherein you will be able to discharge your unsecured debts. As far as your property is concerned, your lender would give you a re-payment plan to pay off the dues.
Posted on: 07th Sep, 2009 11:54 pm
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