Will Chapter 13 Bankruptcy Save My Home?

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.

Chapter 13 bankruptcy is unique in that it is a reorganization of debt. A borrower who seeks bankruptcy protection under Chapter 13 of the U.S. Bankruptcy Code will submit a repayment plan to the bankruptcy court. This plan, which typically lasts for 3 to 5 years, will involve the debtor making regular payments to a bankruptcy trustee, who will then distribute the payment amongst creditors. This payment amount is based upon the debtor’s disposable income. This repayment plan can include past due mortgage payments and penalties, and as long as the debtor remains current on these payments and future mortgage payments, he or she may be able to keep the property.

And if you spend $2,000 on a bankruptcy attorney in a last minute ditch effort, you may have wished you spent the money on a different attorney, or maybe an attorney who specializes in loan modifications. And if you don’t have the funds right now but your home is scheduled for a sale tomorrow, you have to do something fast, because the bank won’t wait for you. If you don’t have the $2,000 for an attorney to stop your sale today, then you sure won’t need one after they take your home tomorrow.

But how do I make sure I get this filed right so it stops the sale? You sure don’t want to get this wrong, because if you screw up, they could take your house. How about those on-line filing services? You simply don’t have time to determine if they will do it right. And what if they don’t file on time? There is no substitute for walking into the bankruptcy court with documents that you know are correctly filled out, and handing them to the clerk yourself. You get a time stamped receipt and know you got the job done.

What is a loan modification? A loan modification is a amendment to the loan contract which is agreed to by The lender and the homeowner. The lender modifies the existing loan(s) in Order to work with the homeowner because of hardship. The reason is to Help make the loan(s) more within your means. Ordinarily it is in the form of a rate Reduction, fixing the rate for a certain duration of time, or term extension. In the past, this was only used when a borrower was delinquent and suffered A hardship such as employment loss, divorce, illness, and so on.

Stopping your foreclosure by filing your own chapter 13 bankruptcy won’t fix things permanently, but it stops the immediate crisis so you can think clearer and live to fight your lender another day. Once your sale is stopped, take a deep breath, and with your head a little clearer, you can start making the bigger decisions.The George Osborne budget has meant that that at least up to 600,000 public sector jobs could be cut over the next five years.

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.

Why is this important?Because, if your bank tells you you are in foreclosure, and you haven’t yet received notice of Trustee Sale or notice of Sheriff’s Sale, there is still time for a loan modification company to intercede on your behalf.They will have a team of dedicated attorneys who will negotiate with the bank or lender to achieve a substantial reduction in interest rate (and maybe loan principal) on your mortgage, to reduce the monthly payment to a level which you can afford on an ongoing basis. To save your home, no less.(If any loan modification company approaches you who do not have their own dedicated attorneys, walk away.)

The exclusion period means that buying Income Protection Insurance is something you do whilst you are in work; if you wait until you have been told of your redundancy it is too late.Always read the small print to ensure that the Income protection Insurance you have chosen is right for you. There is no point in purchasing a policy as a self employed person to then find when you claim that you are excluded. Similarly there are exclusions for previous existing illness conditions. If you read the policy carefully there is every reason that should the worst happen your home, lifestyle and family will be protected from the worst of the financial storm that may be approaching. You need however to act rather than wait.

Learn more about Save My Home as well as Retirement Planners , now.

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