Use Bankruptcy to Stop Mortgage Foreclosure
It is sad but true that bankruptcy is a sure-fire way to stop mortgage foreclosure on your home. That being said, you do need to know what you are doing and you do need competent legal help to make it happen. Not everyone qualifies for bankruptcy and you have to file the right kind of bankruptcy in order to stop mortgage foreclosure on your home.
Chapter 13 bankruptcy involves coming up with a three to five year plan to pay back everyone that you owe. This kind of bankruptcy is essentially a way to restructure your debt. You will still need to pay everyone at least a portion of what you owe but it gives you longer to pay them and within terms that work for you. In order to stop mortgage foreclosure with this kind of bankruptcy, you will need to make sure that your mortgage is part of this debt restructuring. A good bankruptcy attorney will make sure that everything is handled correctly to make that happen. This is the only kind of bankruptcy that can stop mortgage foreclosure on your home and allow you to keep your home.
Filing Chapter 7 bankruptcy can delay the sale of your home but you will not be able to keep your home if you file this kind of bankruptcy. This kind of bankruptcy essentially erases all of your debt. If you are willing to give up your home, need to buy some time to find another place to live, and will not be able to pay any of your debt, this may be a good option for you. Again, a good bankruptcy attorney will be able to advise you as to the best option for you.
If you decide to declare bankruptcy to stop mortgage foreclosure on your home, you will need to inform your lender that you have declared bankruptcy. They cannot stop mortgage foreclosure on your home unless they know that you have declared bankruptcy. Bankruptcy is also not a painless solution. It stays on your credit record and will affect any loan that you try to get for the next 7 to 10 years. While bankruptcy can be a good option in order to stop mortgage foreclosure, it is one that has a price. Be sure that you understand what that price is before you decide.
Jill Borash
http://www.articlesbase.com/real-estate-articles/use-bankruptcy-to-stop-mortgage-foreclosure-729204.html
4 Responses to “Use Bankruptcy to Stop Mortgage Foreclosure”
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Landlord stopped paying mortgage and stopped foreclosure by filing bankruptcy, can I leave?Landlord stopped paying mortgage for like 6 months and stopped foreclosure by filing bankruptcy on the day of the auction, and told us that bout her 3-6 months before she can file file for bankruptcy again, buying more time, CAN WE Leave?
Her financial problems do not change your lease or rental agreement terms. As long as she still owns the property, they remain unchanged.References :
Yes you can.
Be sure to get a copy from the city of foreclosure or the notice sent to you by the landlord's lender.
The lease agreement is a legal contract between you and the landlord…once foreclosure takes place, the landlord loses the legal rights to the property and they refer back to the bank…this change legally terminates your lease…you don't have to give a notice or prorate the rent once this happens.
However, you MUST obtain documentation of this before you move or you have no legal ground to stand on.
References :
"Expert Realtor" is only partially correct.
In some states, if the ownership of the property changes, it allows either party (tenant or new owners) to terminate the existing lease without penalty. However, this only works in some states and it only works after ownership has been legally transferred.
If your landlord still technically has legal ownership, then there is nothing you can do, your lease is still valid and you must continue paying rent per your lease agreement. References :