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Asked in CA May 26, 2022 ,  0 answers

bankruptcy law

if I own a home and im having problems keeping up with my mortgage, will filing for bankruptcy be cause for losing my home or can i file bankruptcy with out worry of having to foreclose on my home.

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2 Answers

Anonymous
Reply

Posted on / Apr. 28, 2008 01:16:00

Re: bankruptcy law

In most cases, bankruptcy cannot be used to remove a mortgage from your home. If you don't make the payments, you cannot keep the home and will eventually lose it to foreclosure. You have to examine WHY you are having problems keeping up with the mortgage. If you have an adjustable rate mortgage, an attorney might be able to negotiate a modification to get you into a fixed-rate mortgage.

In a Chapter 13, you might be able to file a repayment plan that will allow you to get caught up, but you must keep the post-bankruptcy payments current. A Chapter 7 bankruptcy might delay a foreclosure, but will not prevent it.

Anonymous
Reply

Posted on / Apr. 28, 2008 01:16:00

Re: bankruptcy law

In most cases, bankruptcy cannot be used to remove a mortgage from your home. If you don't make the payments, you cannot keep the home and will eventually lose it to foreclosure. You have to examine WHY you are having problems keeping up with the mortgage. If you have an adjustable rate mortgage, an attorney might be able to negotiate a modification to get you into a fixed-rate mortgage.

In a Chapter 13, you might be able to file a repayment plan that will allow you to get caught up, but you must keep the post-bankruptcy payments current. A Chapter 7 bankruptcy might delay a foreclosure, but will not prevent it.

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