Bankruptcy Stop Foreclosure - Using Bankruptcy To Stop ForeclosureBankruptcy Stop Foreclosure | Usi...
Title: Bankruptcy Stop Foreclosure - Using Bankruptcy To Stop ForeclosureBankruptcy Stop Foreclosure | Usi...
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Bankruptcy Stop Foreclosure - Using Bankruptcy To Stop ForeclosureBankruptcy Stop Foreclosure | Using Bankruptcy To Stop Foreclosure Bankruptcy Stop Foreclosure Using Bankruptcy To Stop Foreclosure Home About Bankruptcy Terms Bankruptcy Stop Foreclosure Disclosure Privacy States ALABAMA ALASKA ARIZONA ARKANSAS CALIFORNIA Colorado Connecticut Delaware Florida GEORGIA HAWAII IDAHO Can Filing For Bankruptcy Stop Foreclosure? Posted on April 26, 2015 by admin | Permalink 0 Can Bankruptcy Stop Foreclosure? It’s a scary and nerve wrecking process wondering can filing for bankruptcy stop foreclosure. If you are thinking about it then you most likely are getting final notices and endless phone calls from lenders seeking payment or answers. It’s one thing to have your car repossessed but if your home gets foreclosed where can you go? Filing for bankruptcy to stop a foreclosure is not always your only option but it is an option. I’m not looking to offer you any legal advice as I’m not a lawyer. I have been in your shoes though and have walked down the same road you are on. Yes I was hesitant to go to the mailbox or look to see who was calling. I was so dismayed at the endless calls I had to turn caller ID off. I no longer wanted to see who was calling. What was the point of seeing who was aggravating me? I just wanted them to leave us alone, but they wouldn’t go away. Filing for bankruptcy I thought was for other people. I never missed a bill in over 20 years since I was working and on my own. How could I find myself in this situation, thinking about filing for bankruptcy to stave off losing my home? It took a while to forgive myself for the state of affairs I was in. It was when I realized the following that my situation began to turn around; I didn’t put myself in this situation Ignoring the phone calls and letters was not changing the situation If the state of affairs was going to change I had to do something Coming to the understanding that I didn’t purposely make unwise decisions that caused my financial downward spiral was helpful. Did I over extend myself to pay for things like the car, mortgage and annual vacations? Absolutely! If I had the cash I would have paid cash. I didn’t but I had a very good paying job. I had no problem making the required monthly payments. However, when that high paying job disappeared at the start of the financial meltdown, guess what? Right, the minimum monthly payments began to drain my checking, savings, certificates of deposits and retirement savings. I realized that I had very little to do with the situation I was in and even if I did there was no sense in lamenting over the past as I needed to move forward. One of the other things I realized is that ignoring the letters and phone calls was just delaying the inevitable. I was heading for a date in the courtroom. Either I was going to be leading the charge or the lenders were. When I decided that I needed to lead and not follow, my spirits improved and I began to see the light at the end of the tunnel. Whatever the outcome, I decided that I needed to engage with my creditors. Once I did I realized that they were not as scary as I made them out to be. Finally I decided that I wouldn’t be able to pay my way out of the situation I was in. No one was coming along with $100,000 check to bail me out. I needed another solution and for me it was filing for bankruptcy. It worked for me and my family as we are still in our home. It’s not something that I’m proud of nor is it something that I’m ashamed of. It was a simple decision for me and that was do what I feel is best for my family. I don’t know where you stand financially or emotionally. If you are thinking about foreclosure I know you are in a tough place. I suggest that you explore your options with an attorney. If you can afford one it’s worth the peace of mind you will get. If getting an attorney is not an option, then I suggest you learn as much as you can and take matters into your own hands. I couldn’t afford an attorney and I was able to successfully file for bankruptcy. You have to do your homework and understand the local rules where you live. Making the wrong mistake can be costly. For me, the answer to the question, “Can filing for bankruptcy stop foreclosure?’ the answer is “Yes”. Please use the resources available on this site if you need more help on changing your present and future situation. Bankruptcy Stop Foreclosure Uncategorized Help With Foreclosure On Home Posted on December 30, 2014 by admin | Permalink 1 Looking for help with foreclosure on your home means that you are under extreme mental and emotional stress. Every phone call or mail delivery is a tense moment. I’m sure you are tired of avoiding the issue and now may be the time to take on the issue head on. The following is not legal advice as to what you should do but rather some useful information put together by HUD to assist struggling homeowners. I was underwater like you but thankfully I’m now above the surface. I’m far from the shore but I’m heading in the right direction. I want you to start heading in the right direction as well. I hope this helps you with dealing with foreclosure on your home. HELP! I CAN’T MAKE MY MORTGAGE PAYMENT. Every day thousands of people like you have trouble making the next mortgage payment. Though things may seem hopeless, help is available. However, you need to take the first step! If you ignore the problem you may lose your home to foreclosure, possibly affecting your ability to qualify for credit or to rent another home. WHAT SHOULD I DO? 1. Contact your lender right away. You can find a contact number on your mortgage statement. When you call, be prepared to explain; Why you are unable to make your payment. Whether the problem is temporary or permanent. Details about your income, expenses, and other assets like cash in the bank. 2. If you are uncomfortable talking to your lender, a HUD-approved housing counseling agency can help you understand your options. These services are free of charge. 3. Open all of the mail you receive from your lender. It contains valuable information about repayment options. Later mail may have important legal notices. Failing to read the mail will not prevent a foreclosure action. 4. Look for ways to increase the amount you have available to make your mortgage payments. Can you cancel cable TV, pack lunches, or get a part-time job? While these actions may not replace all of your lost income, they send a strong message to your lender that you are serious about keeping your home. NOTHING IS WORSE THAN DOING NOTHING! WHAT OPTIONS WILL HELP ME KEEP MY HOME? FHA provides, as part of its insurance contract with lenders, loss mitigation actions the lender must evaluate and take, when appropriate, to reduce financial losses on loans in default. Your lender needs information from you to fully evaluate these options. If you want to keep your home, talk to your lender about available workout options for home retention. While the options listed here are for borrowers with FHA-insured loans, most lenders offer similar workout plans designed to help you keep your home. Special Forbearance Your lender may provide for a temporary reduction or suspension of your payments to allow you time to overcome the problem that reduced your income. Then you may be offered a payment plan so you can pay back the missed payments a little at a time until you are caught up. An extended forbearance period may be provided to unemployed borrowers who are actively seeking employment. Mortgage Modification A modification is a permanent change to your loan through which the overdue payments may be added to your loan balance, the interest rate may be changed or the number of years you have to pay off the loan may be extended. Partial Claim In a Partial Claim, a borrower receives a second loan in an amount necessary to bring the delinquent loan current. The loan is interest free and does not need to be repaid until you pay off your first mortgage or sell your house. This option is only available to borrowers with FHA-insured loans. However, if you have a conventional loan, ask your lender if they offer an “advance claim.” FHA-Home Affordable Modification Program (FHA-HAMP). This option combines an enhanced partial claim with a loan modification. Under the FHA-HAMP, the partial claim loan will not only include any amounts necessary to bring your mortgage current but may also include an amount to reduce your existing loan balance by up to 30%. The reduced loan balance will then be modified to lower your monthly mortgage payment to an affordable level. As described above, the partial claim loan is interest free, but must be repaid when you pay off your first mortgage or sell your house. To qualify for any of these options, you will need to provide your lender with current information about your income and expenses. Also, your lender may require that you agree to a payment plan for three or more months to demonstrate your commitment before you are approved for a modification or partial claim. WHAT OPTIONS DO I HAVE IF I CAN’T KEEP MY HOME? If your income or expenses have changed so much that you are not able to continue paying the mortgage even under a workout plan offered by your lender, you should consider the options below. Pre-foreclosure sale With your lender’s permission you can offer your house for sale and sell it at fair market value even if the amount you receive from the sale is less than the amount you owe. If you meet certain conditions, you may be eligible to receive relocation expenses. Deed-in-lieu of foreclosure As a last resort, you may be able to voluntarily give your property back to your lender. If you leave the property clean and undamaged you may be eligible to receive relocation expenses. There could be income tax consequences to any plan that reduces the amount of debt you owe so check with a tax advisor before accepting these workout options. Struggling homeowners with FHA-insured loans can get assistance by contacting HUD’s National Servicing Center at (877) 622-8525. Persons with hearing or speech impairments may reach this number via TDD/TTY by calling (800) 877-8339. I know it’s extremely difficult weighing all of the above options. I have been where you are and fortunately I have been able to stay in my home. I was able to work with my bank and get my loan modified. I don’t know what your situation is like or who you bank with but I know that it can be done. Again, I know there is a lot to digest and I know that money is one of your issues. I do suggest that you contact the HUD National Servicing Center to get help. The sooner you do the better you will start feeling. If you are considering filing for bankruptcy, without hiring an Attorney, I recommend that you take a look at the following resource regarding; Help With Home Foreclosure. It’s a few dollars that you will spend but in return you will get some critical information you need to help guide you through the next steps. Again, take a look at the resource listed below. Help Dealing With A Home Foreclosure Uncategorized Help With Foreclosure On Home Stopping Foreclosure By Filing Chapter 7 Bankruptcy Posted on February 9, 2014 by admin | Permalink 2 If your finances have become upside down, deciding to file for Chapter 7 bankruptcy may be an option you consider. If you are successful in filing Chapter 7 it is likely that the court will wipe out your debts, with the exception of debts like child support and back taxes. If you own property, the court could decide to sell some or all of your property to pay back your creditors. Chapter 7 can get rid of your mortgage debt but not the lien or legal claim on your house. As a result, the lender still has the right to foreclose but bankruptcy can stop the process and give you a chance to work on getting your finances in better shape while working with the bank to head off the foreclosure. One of the first steps I would recommend is finding a lawyer who offers free consultation on filing bankruptcy. You can normally find a local lawyer who will give you some key information on the bankruptcy process and alleviate some fears and concerns that you may have. If you decide to file for bankruptcy and decide to use an Attorney, you will have the first step taken care of. Your Attorney will guide you through the process. The fees range from $1,000 to $2,500 or higher, depending on the Chapter you file and how complicated your case is. The next step you will be required to take is talking to a credit counselor. Federal law requires counseling at least six months before you file for Chapter 7. There are agencies pre-approved by the local courts in your area who can conduct such counseling. Don’t worry about having to go into a confession session and divulge your personal situation. The counseling has been established to help folks understand their options and make sure that they are informed about the resources available to aid in the process. In many states, the counseling can take place online without every having to verbally speak with a person (a chat with a counselor online might be required). Once you have made the decision to file for bankruptcy, you will need to file for Chapter 7 in the federal bankruptcy court for your area, and pay the filing fee. You can download the forms and instructions from the U.S. Courts website. You’ll have to present proof you can pass one of the Chapter 7 income tests–for example, that your income is below your state’s median–and provide information on your assets and debts. If you qualify for Chapter 7, the court will issue an automatic stay preventing your creditors from taking action against you, including holding a foreclosure sale. There are quite a few forms that will need to be completed before the process is completed. There are some required forms that you will need to complete if your are up against a deadline, i.e., your home is about to be auctioned off, and you need more time to get your head around filing a for bankruptcy via Chapter 7. You can complete a couple of forms initially, pay the fee and file with the local court. This will put a hold on things. However, you will need to followup with the additional paperwork within a specified time frame. One of the bills you might want to continue paying is your mortgage because Chapter 7 can delay foreclosure, but it doesn’t eliminate the lien; if you don’t stay current on your mortgage, your lender most likely will foreclose after bankruptcy. Filing for bankruptcy can stop foreclosure on a home but it doesn’t automatically allow you to keep your home. The courts may eliminate the debt owed on the home but the lien remains and provides the bank with the legal means to take your home after the case is completed. Please make sure that you are well advised on all of your options. Understand the local federal court rules in the district you live in and meet all of the deadlines required. If you are going to file Chapter 7 bankruptcy, educate yourself because one small mistake can jeopardize your chances of a successful filing. If stopping your foreclosure by filing Chapter 7 is important to you, do your homework and be patient and prepared. You can succeed and get a new start for your life. Uncategorized Stopping Foreclosure By Filing Chapter 7 Bankruptcy Bankruptcy Process Posted on February 2, 2014 by admin | Permalink 0 The bankruptcy process can be a stressful and heart wrenching period in your life but it doesn’t have to be. The federal government has created bankruptcy laws to help give corporations and individuals a new start. The laws were not created to help unlawful citizens avoid dealing with the consequences of their unscrupulous actions but help lawful individuals and corporations recover from unfortunate financial hard times. Listed below is some helpful information on bankruptcy and the various options available. Article I, Section 8, of the United States Constitution authorizes Congress to enact “uniform Laws on the subject of Bankruptcies.” Under this grant of authority, Congress enacted the “Bankruptcy Code” in 1978. The Bankruptcy Code, which is codified as title 11 of the United States Code, has been amended several times since its enactment. It is the uniform federal law that governs all bankruptcy cases. The procedural aspects of the bankruptcy process are governed by the Federal Rules of Bankruptcy Procedure (often called the “Bankruptcy Rules”) and local rules of each bankruptcy court. The Bankruptcy Rules contain a set of official forms for use in bankruptcy cases. The Bankruptcy Code and Bankruptcy Rules (and local rules) set forth the formal legal procedures for dealing with the debt problems of individuals and businesses. There is a bankruptcy court for each judicial district in the country. Each state has one or more districts. There are 90 bankruptcy districts across the country. The bankruptcy courts generally have their own clerk’s offices. The court official with decision-making power over federal bankruptcy cases is the United States bankruptcy judge, a judicial officer of the United States district court. The bankruptcy judge may decide any matter connected with a bankruptcy case, such as eligibility to file or whether a debtor should receive a discharge of debts. Much of the bankruptcy process is administrative, however, and is conducted away from the courthouse. In cases under chapters 7, 12, or 13, and sometimes in chapter 11 cases, this administrative process is carried out by a trustee who is appointed to oversee the case. A debtor’s involvement with the bankruptcy judge is usually very limited. A typical chapter 7 debtor will not appear in court and will not see the bankruptcy judge unless an objection is raised in the case. A chapter 13 debtor may only have to appear before the bankruptcy judge at a plan confirmation hearing. Usually, the only formal proceeding at which a debtor must appear is the meeting of creditors, which is usually held at the offices of the U.S. trustee. This meeting is informally called a “341 meeting” because section 341 of the Bankruptcy Code requires that the debtor attend this meeting so that creditors can question the debtor about debts and property. A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial “fresh start” from burdensome debts. The Supreme Court made this point about the purpose of the bankruptcy law in a 1934 decision: [I]t gives to the honest but unfortunate debtor…a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt. Six basic types of bankruptcy cases are provided for under the Bankruptcy Code, each of which is discussed in this publication. The cases are traditionally given the names of the chapters that describe them. Chapter 7, entitled Liquidation, contemplates an orderly, court-supervised procedure by which a trustee takes over the assets of the debtor’s estate, reduces them to cash, and makes distributions to creditors, subject to the debtor’s right to retain certain exempt property and the rights of secured creditors. Because there is usually little or no nonexempt property in most chapter 7 cases, there may not be an actual liquidation of the debtor’s assets. These cases are called “no-asset cases.” A creditor holding an unsecured claim will get a distribution from the bankruptcy estate only if the case is an asset case and the creditor files a proof of claim with the bankruptcy court. In most chapter 7 cases, if the debtor is an individual, he or she receives a discharge that releases him or her from personal liability for certain dischargeable debts. The debtor normally receives a discharge just a few months after the petition is filed. Amendments to the Bankruptcy Code enacted in to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 require the application of a “means test” to determine whether individual consumer debtors qualify for relief under chapter 7. If such a debtor’s income is in excess of certain thresholds, the debtor may not be eligible for chapter 7 relief. Chapter 9, entitled Adjustment of Debts of a Municipality, provides essentially for reorganization, much like a reorganization under chapter 11. Only a “municipality” may file under chapter 9, which includes cities and towns, as well as villages, counties, taxing districts, municipal utilities, and school districts. Chapter 11, entitled Reorganization, ordinarily is used by commercial enterprises that desire to continue operating a business and repay creditors concurrently through a court-approved plan of reorganization. The chapter 11 debtor usually has the exclusive right to file a plan of reorganization for the first 120 days after it files the case and must provide creditors with a disclosure statement containing information adequate to enable creditors to evaluate the plan. The court ultimately approves (confirms) or disapproves the plan of reorganization. Under the confirmed plan, the debtor can reduce its debts by repaying a portion of its obligations and discharging others. The debtor can also terminate burdensome contracts and leases, recover assets, and rescale its operations in order to return to profitability. Under chapter 11, the debtor normally goes through a period of consolidation and emerges with a reduced debt load and a reorganized business. Chapter 12, entitled Adjustment of Debts of a Family Farmer or Fisherman with Regular Annual Income, provides debt relief to family farmers and fishermen with regular income. The process under chapter 12 is very similar to that of chapter 13, under which the debtor proposes a plan to repay debts over a period of time – no more than three years unless the court approves a longer period, not exceeding five years. There is also a trustee in every chapter 12 case whose duties are very similar to those of a chapter 13 trustee. The chapter 12 trustee’s disbursement of payments to creditors under a confirmed plan parallels the procedure under chapter 13. Chapter 12 allows a family farmer or fisherman to continue to operate the business while the plan is being carried out. Chapter 13, entitled Adjustment of Debts of an Individual With Regular Income, is designed for an individual debtor who has a regular source of income. Chapter 13 is often preferable to chapter 7 because it enables the debtor to keep a valuable asset, such as a house, and because it allows the debtor to propose a “plan” to repay creditors over time – usually three to five years. Chapter 13 is also used by consumer debtors who do not qualify for chapter 7 relief under the means test. At a confirmation hearing, the court either approves or disapproves the debtor’s repayment plan, depending on whether it meets the Bankruptcy Code’s requirements for confirmation. Chapter 13 is very different from chapter 7 since the chapter 13 debtor usually remains in possession of the property of the estate and makes payments to creditors, through the trustee, based on the debtor’s anticipated income over the life of the plan. Unlike chapter 7, the debtor does not receive an immediate discharge of debts. The debtor must complete the payments required under the plan before the discharge is received. The debtor is protected from lawsuits, garnishments, and other creditor actions while the plan is in effect. The discharge is also somewhat broader (i.e., more debts are eliminated) under chapter 13 than the discharge under chapter 7. The purpose of Chapter 15, entitled Ancillary and Other Cross-Border Cases, is to provide an effective mechanism for dealing with cases of cross-border insolvency. This publication discusses the applicability of Chapter 15 where a debtor or its property is subject to the laws of the United States and one or more foreign countries. In addition to the basic types of bankruptcy cases, Bankruptcy Basics provides an overview of the Service members’ Civil Relief Act, which, among other things, provides protection to members of the military against the entry of default judgments and gives the court the ability to stay proceedings against military debtors. This publication also contains a description of liquidation proceedings under the Securities Investor Protection Act (“SIPA”). Although the Bankruptcy Code provides for a stockbroker liquidation proceeding, it is far more likely that a failing brokerage firm will find itself involved in a SIPA proceeding. The purpose of SIPA is to return to investors securities and cash left with failed brokerages. Since being established by Congress in 1970, the Securities Investor Protection Corporation has protected investors who deposit stocks and bonds with brokerage firms by ensuring that every customer’s property is protected, up to $500,000 per customer. The bankruptcy process is complex and relies on legal concepts like the “automatic stay,” “discharge,” “exemptions,” and “assume.” Therefore, the final chapter of this publication is a glossary of Bankruptcy Terminology which explains, in layman’s terms, most of the legal concepts that apply in cases filed under the Bankruptcy Code. The bankruptcy process, i.e., filing for bankruptcy is a serious matter and should be treated as such. Many people retain legal counsel when filing for bankruptcy but not all. It is possible to file for bankruptcy “pro se” and many individuals do successfully. If that is the route you choose, please make sure you are knowledgeable about the local rules in the district that you are filing in. Being prepared will make all of the difference in the world and could affect the outcome of your filing. Uncategorized Bankruptcy Process Can Your Foreclosure Be Delayed or Even Stopped At This Point Posted on January 25, 2014 by admin | Permalink 1 Home foreclosure is on the increase in both the United States and in many other countries across the world as the credit crunch hits with full force. Homeowners are struggling to make their mortgage repayments and are falling into arrears like never before. Do to the downturn in the economy over the last 5 years, home foreclosure has steadily increased in the United States as well as many other countries around the world. The fact that we participate in a global economy means that a bad economy, affects all countries. Mortgage companies are being put in an unenviable position of taking legal action against homeowners to foreclose and take ownership of millions of homes. Some estimates state that home foreclosures have reached over 30%. In other words, nearly a third of all homeowners are facing problems and the possible reposession of their home. That is an almost unbelievable figure and one that would have been unheard of just a couple of years ago. CNN told viewers: “Foreclosures spiked 112% in early 2008 – with no real end in sight.” As the credit crunch bites deeper worldwide, many homeowners will be wondering what, if anything can be done to prevent a home foreclosure. A lot of people will feel that there is little they can do, or they will feel so upset by their situation that they will sit back and just let it happen. If you or someone you know find yourself in this situation there are in fact things that you can do. Actions that you can take to delay the reposession of your home or perhaps prevent it altogether. The key though is to act swiftly. It’s no good sitting and worrying and just letting valuable time pass when you could have been setting things in place that would at the very least buy you some time. If you have already received a notice of default you have just ninety days to respond. That may seem like a reasonable period of time, but you should consider that in 3 months from receiving that default notice if you have not taken certain actions saving your home may be much more difficult, if not altogether impossible. If you want to save your home from going into foreclosure you cannot afford to waste any time at all. In fact, not ignoring the situation and taking action right now, no matter how painful it is, is actually in your best interest. There are solutions that can be arranged well before you reach the last chance saloon of having your home taken away from you. Talking to your lender at an early stage is vitally important, but do be sure that you know exactly what you should be saying to them (and what you should not)! You must know exactly who to contact first, and in what order, to find the very best (and least expensive) alternative way to solve your current foreclosure situation. So take action, do your research and you may find that a foreclosure is not the only option. I realize that being under a cloud of debt and uncertainty about your future is stressful and a bit scary. It doesn’t really matter how you got to this point because there is nothing that can done about the past. You need to look forward and figure out how you are going to make things better. It’s not just your house at risk but also your health. Make sure that you are fighting the best fight possible with the best tools available to help you win. Uncategorized Foreclosure Prevention Help Search for: Recent Posts Can Filing For Bankruptcy Stop Foreclosure? Help With Foreclosure On Home Stopping Foreclosure By Filing Chapter 7 Bankruptcy Bankruptcy Process Can Your Foreclosure Be Delayed or Even Stopped At This Point Recent Comments admin on Stopping Foreclosure By Filing Chapter 7 Bankruptcy Sara on Stopping Foreclosure By Filing Chapter 7 Bankruptcy Dave on Help With Foreclosure On Home Mr WordPress on Can Your Foreclosure Be Delayed or Even Stopped At This Point Archives April 2015 December 2014 February 2014 January 2014 Categories Uncategorized Meta Log in Entries RSS Comments RSS Bankruptcy Stop Foreclosure Absolum theme by Theme4Press ? Powered by WordPress Whois

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