· After bankruptcy, you can use all the help you can get when it comes to maximizing your chances for a new loan. Don’t let your old mortgage get in the way of refinancing or getting a new loan. When you file for bankruptcy and get a discharge of your debts, you’re no longer personally liable [.]
· Mortgage after bankruptcy: How soon can you buy a home?. Mortgage with a Chapter 13 bankruptcy ; 6 I Have No Credit. they defaulted on a student loan but are now.
We’ve had a number of reader questions in our comments section recently asking about scenarios for loan approval that involve bankruptcy and related issues. Can a borrower get a new FHA loan following a bankruptcy? Under what conditions? FHA loan rules in HUD 4000.1 address this issue with separate entries for Chapter 7 and Chapter 13.
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Last minute help. If a loan mod application is made more than 37 days before the foreclosure sale, the servicer cannot conduct a foreclosure sale until it issues a decision on the application. The new rules deal with a myriad of variations on these timelines. The theme in the rules is consistent: federal law requires a decision on a loan modification.
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In Chapter 13, court approval is required before you can incur any new credit obligation. Other than this requirement, the Chapter 13 bankruptcy is not likely to interfere with a trial modification that was in place before you filed or a modification that was completed prior to filing.
THE NEW BANKRUPTCY LAW will prohibit some filers with higher incomes from using Chapter 7, who will instead have to repay at least some of their debt under Chapter 13.. UNDER THE OLD RULES, most people could choose the type of bankruptcy that seemed best for them (the majority would choose CHAPTER 7 over CHAPTER 13.)
A loan modification does not re-establish liability on a loan that is (or was) discharged in bankruptcy. The modification changes the terms of the loan, but a new loan is not being created, and the debtor is not agreeing to once again take on personal liability for the loan. The only instance where personal liability on a modified loan survives a bankruptcy is if it was reaffirmed during the bankruptcy. Contrast this with a post-bankruptcy mortgage refinance, where (1) an entirely new loan.