My bank will start the process of foreclosure my home. Can charter 7 bankruptcy stop the process and for how long?
2006-12-23 03:37:50 · 4 answers · asked by Alex C 1 in Business & Finance ➔ Personal Finance
Please contact your lender and work out a affordable solution. Banks will do many creative things to prevent filing a foreclosure. You must be pro-active with them however, you dont want to lose the home and they dont want to take it. Once they file the lis pendins, notice of default, their options and yours change. From there it gets worse until the trustees sale, filing bankruptcy to delay or stop the sale most often only benefits an attorney and gives you a extra few weeks before the sale occurs anyway. I have worked with pre-foreclosures for over 20 years and can honestly tell you that the vast majority of attorneys that recommend filing bankruptcy to save the house should be disbarred for fraud. Only in the rarest of circumstances does one benefit from a bankruptcy while in foreclosure. You have a better chance of finding the winning lottery ticket at a landfill.
2006-12-23 03:56:45 · answer #1 · answered by Kevin H 4 · 0⤊ 0⤋
Yes a chapter 7 or a chapter 13 can temporarily stop the foreclosure. I do not know for how long though. Eventually you'll have to get current with your mortgage. Be sure you will be able to get current within several of months before doing the bankruptcy. If it's inevitable that you'll loose the house I would not do a bankruptcy. Instead sell the house. If you owe more than you'll get from the house ask the mortgage company to allow you to sign an unsecured loan for the difference.
2006-12-23 03:45:44 · answer #2 · answered by KC 4 · 0⤊ 0⤋
It will depend on what you qualify for. You can contact a local bk attorney most will see you free the first time. A chapter 7 to qualify you would have to be current on the home loan to keep it. A chapter 13 is run thru the plan and it doesn't have to be current, but not foreclosed upon yet., and the payments would be made thru the trustees of the bk court. A good bankruptcy attorney will be able to tell you whether or not you qualify for 7 or 13, they will need to see you last 6 months of pay stubs, assets, list of all your debts and last 4 years of taxes. Good Luck!!
2016-05-23 01:49:07 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Until the lender has the stay lifted which most savy lenders do quite quickly.
2006-12-23 03:41:10 · answer #4 · answered by Anonymous · 0⤊ 0⤋