Will Chapter 13 Bankruptcy Save My Home?

By Victoria W. Bergman


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.

Most people think they have to hire an attorney and pay thousands of dollars. There are a whole lot of things to consider, and eventually you may want to hire an attorney, but first things first. You can deal with all that later after you take away the immediate threat of losing your home tomorrow.Remember the immediate goal is stopping the sale. The good news is that all you need is a preliminary filing in place for that to happen. That's all it takes to stop foreclosure.

The program started slowly but now has the kinks worked out and more loan modifications are being approved than ever before. Just as things are getting rolling, the new powers in the House of Representatives have pledged to cut the budget and assistance to banks. If they are successful the number of approved loan modifications will plunge. If you have been hanging on by a thread, the time to act is now.Banks have their own language. They talk about debt ratios, FICO scores and loan-to-value. If you are familiar with these terms you can probably negotiate the loan modification yourself if you know the right steps, the proper forms to submit and how to fill them out so the lender will be compelled to say yes.

This is a brief overview of how Chapter 13 bankruptcy may affect foreclosure proceedings. Every case is different, and certain factors may affect a debtor's ability to save his or her home. That is why you may find it helpful to consult with a professional. A lawyer who is experienced in handling Chapter 13 bankruptcy proceedings can offer insight as to how your home may be affected if you file. You can also get information about the particular advantages and disadvantages of Chapter 13, such as its ability to protect co-signers or its affects on your credit score. These are all issues that you may want to take into account before making a decision.

Turn on the news nowadays and what you hear is foreclosure, foreclosure, And more foreclosure. The banks, The US Senate, Congress, President Obama and others have Come to the conclusion that we have got to end this downward spiral in foreclosures And help families keep their homes or else refinance. Because of the meltdown in the Financial system and falling house values lenders are looking for solutions to this problem .The most successful method used to combat this Is a loan modification.

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.)

Loan modification is often times an alternative to foreclosure and the recommended first step to short sale. Loan modification is the process of revisiting the original lender, explaining your current financial situation and simply asking for help. There are different options that the lender may suggest. One such option may be interest only payments for a period of time on the current loan where the principle is collected on the back end of the loan. Interest only modification is popular and cuts down the immediate monthly payment. A loan modification is intended to last a set amount of time and designed to change the monthly payment into an affordable rate.A trusted realtor that is experienced as a professional, certified negotiator and understands your situation can sometimes negotiate with your lending institution on your behalf. This agent should understand the entire short sale and loan modification process. Time is of the essence in these sensitive matters. You will literally be one step ahead of foreclosure. Be patient and let your real estate agent work for you.




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