Will Chapter 13 Bankruptcy Save My Home?

By Joshua B. White

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.

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.

You can greatly increase your chances if you take some kind of home study course prior to starting your mortgage refinance. Hiring a professional to represent you is probably a good move if you feel intimidated by banks. Unfortunately they will not be as motivated as you to modify your home loan because nobody cares more about your home than you.The first month you miss your mortgage payment you will probably receive a phone call from your lender. The second missed payment will result in more calls. Usually by the third month you will receive a demand letter stating the delinquent amount, along with a demand to pay it within 30 days. If you fail to make this payment on time your lender will refer you to their attorney.

Next, this attorney will schedule a sale of your home. This is the first day of foreclosure. You might find a notice on your door or receive a statement in the mail. Either way, you have until the sale date to make arrangements with your lender to keep your home or pay the amount that is due, now including attorney fees. Still, after the sale date you may have a redemption period, which is a period of time in which you can still get your home back after it has been sold, provided you can pay all outstanding balances and costs that were incurred during foreclosure.

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.

By the way, by researching and comparing the best stop foreclosures services in the market, you will be able to determine the one that meet your specific financial situation, plus the cheaper and quicker options. However, it is advisable going with a trusted and reputable stop foreclosure specialist before making any decision, this way you will save time through specialized advise coming from a seasoned foreclosing advisor and money by getting better results in a shorter span of time. Meaning getting your house out of risk as soon as possible.Maybe you are one of the many many beleaguered homeowners in America, who, through no fault of their own, have fallen victim to the current economic situation and have run into financial difficulties.Maybe this has caused you to fall behind with your mortgage payments. Maybe you've received notice of foreclosure from your bank. Maybe you've received notice of foreclosure pending, or imminent foreclosure.

Here's the thing: none of those means you are in foreclosure.If you get a letter from your bank telling you you are in foreclosure, you are not in foreclosure.Even if you are six months behind with the mortgage and you've received four letters from the bank saying you are in foreclosure, you are not in foreclosure.This is important, so I'll repeat it. You are not in foreclosure because your bank says you are.Only one of two things can notify you officially of foreclosure.A Notice of Trustee Sale.A Notice of Sheriff's Sale.Once you receive either of those, you are officially in foreclosure. Your house will be auctioned, usually in about 90 days' time, depending on which state you live in.

This policy can be purchased from a high Street broker or is often now offered with your mortgage; but a cheaper method is to look for a standalone provider on the internet.However as with all insurance policies there is small print that you must be very aware of to ensure that this is the right policy for you. The first and most important is the "exclusion period". This is defined as from the start date of your policy and during this period you must not be made aware of impending unemployment. Providers vary with the length of this and as unemployment claims have soared so to have the Income protection exclusion periods. It is worth shopping around but the average is about 120 days.

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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