March 31, 2009
Choosing between Bankruptcy and Foreclosure
Many people will have to opt between filing for bankruptcy or allowing their home loan lender to foreclose their home. If monthly or bi-weekly home loan payments are not made as scheduled, the bank can file for a foreclosure on the property. The single guaranteed way to block this from happening is to pay the mortgage lender on time. Mortgage loans are very much like automobile loans, if you do not make monthly payments you will get it repossessed. Foreclosure is essentially the same for anybody who has not been able to pay his or her house loan; the bank can foreclose on the loan.
Bankruptcy is a legal action filed by someone who cannot pay her debts as agreed. If the late payer is in the process of bankruptcy then all current civil proceedings connected to the home loan will be stopped. Legally, a mortgage bank must interrupt all collection activity, including foreclosure. But, a mortgage company might be permitted to continue if they ask for relief from the stay period; and once it is allowed, can go on with the previously mentioned action. Declaring Bankruptcy will not stop foreclosure and you still must pay back your mortgage. Bankruptcy will not solve the original problems, it only makes the foreclosure process go forward more slowly.
While insolvency is not going to end foreclosure for good, it might allow an individual more time to repay the past due amounts or at least it does make it bit easier to pay back a home loan. the insolvency process requires that a home loan lender to freeze a foreclosure action, a home owner will have a little time to raise the cash necessary to pay back the lender. Bankruptcy is a final option for all debtors. Eventually bankruptcy will come about when they are completely incapable of meeting their lenders’ terms of repayment. Under insolvency, some unsecured debt will probably be discharged but the real estate loan will not. The home owner must be prepared to repay the real estate loan inside the mandated time frame as the debt is secured by assets. Additionally, chapter thirteen bankruptcy has a schedule of fees that will be court-ordered, that will permit the home owner make payments on their real estate loan to get caught up on their mortgage payments.
Bankruptcy isn’t a guarantee. The borrower must meet particular criteria to qualify and if they do, there will be legal fees to pay. It may cost the home owner more in legal fees than it does to just pull the belt tighter and clear up the back log of home loan payments. If you know somebody that is of the mind that declaring bankruptcy can be a benefit to the problem, a good lawyer should be able to answer whatever questions you have. Simply put, bankruptcy is extremely complicated and detailed, house owner really should not try to do it by themselves.
This is not legal advice. Contact a bankruptcy attorney in your municipality for legal advisement.
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