My mom and my step dad have declared bankruptcy one or two times in the last 10 years. My older brother now lives with them because his health hasn't been so great for some time. Needless to say their credit isn't so good after filing for bankruptcys. Now I hear the bank has gone to foreclose their home and they say to us, their adult children that they have their lawyer working on it but don't tell us much else. My parents havent made such great choices about their money in the past so we are pretty skeptical. Not only that a majior reason why they are in this finacial hell is because my step dad fell for an internet e-mail scam. I and my brother am trying to help them as much as we can with our own practical smarts but they haven't told us any details so far. From what we gather my parents could be housless come Febuary. What can be done to help them legally and, or what would you do about all this?
2006-12-05 16:32:09 · 4 answers · asked by B 6 in Politics & Government ➔ Law & Ethics
I don't know what form of bankruptcy they have filed this time.. but they say they will be required to pay all of their bankruptcy debts off and keep up with all of their incoming future bills they will have too.
2006-12-05 16:33:14 · update #1
Step dad works two jobs. My mom is on disability. My older brother also works but he is the one who has been sick (and even though its not HIV or AIDS he may also be ill for years to come too) is now working at a Taco Del Mar.
2006-12-05 17:21:03 · update #2
File a petition for the vacancy of the foreclosure case of your parents so that their properties will not be taken including your inheritance. File valid reasons to cite this only remedy.
2006-12-05 16:36:17 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
The simple fact is that if you parents cannot afford the payments and cannot work out a repayment with the lender(s), the will eventually lost their home.
Filing for bankruptcy creates an automatic that temporarily halts creditors from taking action to collect debts. In the case of a chapter 7 and a mortgage that is in default, this usually just delaying the inevitable. The secured lender has the to either have the payments brought current or have the house surrendered.
In a Chapter 13 bankruptcy, the debtors can propose a repayment plan to get caught up on things like a mortgage they successfully complete the plan, they should keep the house.
Your parents or their attorney could also negotiate a forbearance agreement outside of bankruptcy that allows them to make payments to get caught up.
2006-12-09 13:34:40 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
there are 3 Separate issues here.
1. Health
2. Bad Financial choices.
3. Internet scam.
Answer for #1.
Stop smoking and drinking. If that has been done. ditch the "natural cures"... its not working. If it is working..... then pray... eh hum.... ok. They are sick because they are going to lose the house.
(moving on)
#2. Nothing can be done about the choices that have been made.
#3 Dont do it again.
Now.... I had a friend. She was gonna lose her house because she was just stupid... but I gather your parents are in a different situation. Try to refinance (if not already done). then move the hell out and rent the home. this way... there will be a little extra income to get them buy and still own there home. OK.... now about them being sick and really not being able to work... hmmmmmm..... with this new "finance fund".... invenst into something legit. ie:.... T-shirt 's... or .... somekind of easy profit buisness.... ebay, swapmeets, (are they artistic?) make them sell there art. jeeeezzz.. I dunno., can you help them for a while... take care of them... have them move in with you ( yes you will if you really want to help)
bottom line... they can still keep there house.. but may not be able to live in it.
Try that to start. as far as the legality goes.... money talks.
2006-12-06 00:42:15 · answer #3 · answered by BeezKneez 3 · 0⤊ 0⤋
Unfortunately they may very well be out of luck
2006-12-06 01:19:41 · answer #4 · answered by Anonymous · 0⤊ 0⤋