Will Chapter 13 Bankruptcy Save My Home?

By Adrian M. Felton


Did you know that there is one sure fire way you can stop a foreclosure sale -- even if it's as soon as tomorrow? And you don't need an attorney, or an expensive on-line service. You can do it yourself. All you need is someone to take you through the forms.If you are asking yourself, "How to save my house from foreclosure," the next question is, "How much time do you have"?You can file a chapter 13 bankruptcy 30 minutes before the auction and still stop the sale. But unless you are a real thrill seeker, you don't want to cut it that close. The moment a chapter 13 bankruptcy is filed with the court, the lender can't have an auction or sheriff sale. They have to stop the sale.
[Save My Home]


Filing for bankruptcy is one way that foreclosure can be halted or even avoided entirely. When a person files a bankruptcy petition, this places what is called an "automatic stay" on all debt collection proceedings against the petitioner. This includes foreclosure. In a Chapter 7 filing, this may give a debtor time to figure out how to sell or surrender the home by way of a deed in lieu of foreclosure or a short sale. In a Chapter 13 filing, the automatic stay may not only buy the homeowner time to determine what to do, but past due mortgage payments and penalties may actually be included in the homeowner's repayment plan - enabling him or her to actually save the home and avoid foreclosure.

Then catch your breath. And with the immediate crisis at bay for at least a little while you can start asking the bigger questions, like: Do I want to keep my house" Do I want to hire an attorney? Which one: a bankruptcy attorney, or an attorney who specializes in loan modifications? These are all big questions that deserve careful thought.

This is a brief overview of how Chapter 13 bankruptcy may affect foreclosure proceedings. Every case is different, and certain factors may affect a debtor's ability to save his or her home. That is why you may find it helpful to consult with a professional. A lawyer who is experienced in handling Chapter 13 bankruptcy proceedings can offer insight as to how your home may be affected if you file. You can also get information about the particular advantages and disadvantages of Chapter 13, such as its ability to protect co-signers or its affects on your credit score. These are all issues that you may want to take into account before making a decision.

Turn on the news nowadays and what you hear is foreclosure, foreclosure, And more foreclosure. The banks, The US Senate, Congress, President Obama and others have Come to the conclusion that we have got to end this downward spiral in foreclosures And help families keep their homes or else refinance. Because of the meltdown in the Financial system and falling house values lenders are looking for solutions to this problem .The most successful method used to combat this Is a loan modification.

If foreclosure has already begun --meaning a sale date has been made-- you still have time to save your home. The first thing you need to do is contact your lender and find out what arrangements can still be made. Tell them your situation and how much you can afford. Remember that banks don't want to foreclose, they would rather make a deal with you to help you pay your mortgage. In some states you have until the home is sold to reclaim it, and in many states you have a redemption period even after, although once you reach the redemption period you will have all outstanding mortgage balances and attorney fees to pay.

At this time borrowers can get modifications or freezes from their lender for Unaffordable rate adjustments on variable rate mortgages. The earlier The homeowner addresses the issue, the better the likelihood are of negotiating A fixed rate and a payment that is controllable.A key part that is necessary in each loan modification is the existence Of a financial hardship for the borrower. The hardship can be temporary In nature or permanent, but the borrower has got to be able to prove the hardship.

Some of these will be from natural wastage but many will not. The question many people fail to ask themselves while they have a job is "Will I be able to manage if I were to lose my income"? More often the answer is No and this is where Income Payment Protection Insurance fills the gap.Income Protection Insurance is the payment protection insurance that will step in and provide you with a monthly income to help with your monthly costs such as mortgage payments, school fees, car, utility bills etc. It can provide up to a maximum of 12 consecutive monthly payments that will keep your lifestyle going whilst you look for work or recover from illness.

I list homes for sale in Fredericksburg and Northern, VA. In this recessed market, I have witnessed a growing trend in homeowners who find themselves upside down in their homes and forced to move due to economic conditions. Layoffs are a reality in Fredericksburg and the job hunt is brutal. The evidence was undeniable as a recent job fair in Stafford, VA attracted national attention with record attendance. Short sales and foreclosures are on the rise in today's real estate market. There is an alternative plan.

Loan modification is often times an alternative to foreclosure and the recommended first step to short sale. Loan modification is the process of revisiting the original lender, explaining your current financial situation and simply asking for help. There are different options that the lender may suggest. One such option may be interest only payments for a period of time on the current loan where the principle is collected on the back end of the loan. Interest only modification is popular and cuts down the immediate monthly payment. A loan modification is intended to last a set amount of time and designed to change the monthly payment into an affordable rate.A trusted realtor that is experienced as a professional, certified negotiator and understands your situation can sometimes negotiate with your lending institution on your behalf. This agent should understand the entire short sale and loan modification process. Time is of the essence in these sensitive matters. You will literally be one step ahead of foreclosure. Be patient and let your real estate agent work for you.




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