The Effect of Filing for Bankruptcy on a Home Foreclosure

The Effect of Filing for Bankruptcy on a Home Foreclosure

In the years leading up the recent financial crisis, the housing bubble spurred a dramatic rise in new home ownership. At the same time, many of the nonconventional mortgage schemes (also known as “subprime” loans) precipitated many of the financial woes currently being felt by millions of Americans. Burdened with rising debt, adjusting mortgage payments, and sharply falling home values, many homes are falling into foreclosure. This article discusses how filing for bankruptcy can affect a home foreclosure.

Foreclosure the legal proceedings initiated by a creditor to repossess the collateral for loan that is in default. In the case of a home mortgage, mortgage lenders will start foreclosure processes about three to six months after the first missed mortgage payment. In Oregon, a legal proceeding is required, in which the home owner is required to appear in court. If the borrower does not appear, the lender obtains a judgment assigning the title of the property back to the lender. The lender can then obtain an order requiring the home owner to vacate the property. After the lender takes possession of the property, they can try to sell the house at fair market value. The difference between the sale price and the balance of the loan is called a deficiency, and the lender can sue the home owner for the deficiency.

When you file either a petition for bankruptcy under either Chapter 7 (also known as “liquidation” or “total discharge”) or Chapter 13 bankruptcy (also called “wage earner repayment plan”), the court automatically issues an order, called the Order for Relief. Under the order for relief, and the Bankruptcy Code, the debtor is protected by the “automatic stay.” The automatic stay requires your creditors to cease their collection activities immediately. If you are currently engaged in a foreclosure proceeding, the proceeding will be stayed or suspended. If your home is scheduled for a foreclosure sale, the sale will be legally postponed while the bankruptcy is pending. However, the lender may come into court and request that the Bankruptcy Judge lift the automatic stay to permit the foreclosure to go forward. A bankruptcy attorney can advise you on what to do if this happens.

Foreclosures under Chapter 13 Bankruptcy

In a Chapter 13 bankruptcy, the court enters an order creating a repayment program. The Plan lets the debtor pay off the arrearage, including late payments over the length of a repayment plan, usually three to five years in some cases. The benefit of filing for Chapter 13 bankruptcy is that the home owner gets to keep their home and get current on the mortgage over time.

A Chapter 13 bankruptcy may also help you eliminate the payments on your second or third mortgage altogether. Unlike your first mortgage, which is secured by the property and the value of the property, you may no longer have any equity with which to secure the subordinate mortgages. Under those circumstances, the court may “strip off” the second and third mortgages and recategorize them as unsecured debt. Under Chapter 13 of the bankruptcy code, unsecuritized debt takes last priority and often does not have to be paid back at all.

Foreclosures under Chapter 7 Bankruptcy

If you do not have sufficient income after your bankruptcy to qualify for a repayment plan, it may be necessary to petition for a total liquidation under Chapter 7. If you are not able to afford your mortgage payment after your bankruptcy (for example in the case of death, divorce, or long-term unemployment), the debtor can surrender the property back to the lender. If you are filing for Chapter 7 bankruptcy, the final discharge order will at least discharge the debt, including the deficiency. In some cases, it is possible to reaffirm a mortgage, but at the close of the bankruptcy case, the debtor must immediately get current on the arrearage, including late payments and charges; otherwise the lender can start a new foreclosure proceeding.

How Credit Report is Affected by Foreclosure And Bankruptcy?

Foreclosure and bankruptcy can leave negative impacts on the credit report. Filing for bankruptcy may let you keep your home after the court decides about the working plans for you; but bankruptcy is not the way to do so. In homeownership crisis, there are many ways which can be thought of while deciding for a solution.

There is a need to know about the one, between foreclosure and bankruptcy, which proves better for you in the long run. Following are details informing about the long-term and short-term effects of bankruptcy and foreclosure on your credit report.

Influence on your credit score

You will have low credit score with a bankruptcy than a foreclosure. Score tagged as “good” in the range of 680 will take away 105 points in case of foreclosure. On the other hand, bankruptcy can wash away 150 points. Also, score is proportional to the damage; this implies that high score will witness washing of big scores.

Bankruptcy can badly ruin credit health, but exception lies here as well. With individuals with big amount of debt paired with poor credit score, bankruptcy could actually unite increment with the scores. With debt counting up to 30% of credit score, filing for Chapter 7 bankruptcy can get rid of the amount under debt, and the individual will credit check to realize the boosting in score.

Influence on your credit card approval

Filing for a bankruptcy means closing credit card accounts. Although those debts will be taken away from you, difficulty will play its part while applying for new credit cards. An individual would be denied a new credit card due to a spotty credit report accommodating bankruptcy and low scores. In case of foreclosure, lenders will consider the individual a defaulter, and this affects the reliability of the credit card payments.

Influence on your future plans

A foreclosure houses the credit report for seven years. If you desire owing a home again, then three is the minimum waiting period after the processing of foreclosure. On the other hand, bankruptcy is present in the credit file for ten years. You can keep your home after designing and making a payment plan with your lenders. Otherwise, with the bankruptcy mark on your report, your borrowing attempt will be failed. Lenders will not show any favors towards fresh filers of bankruptcy.

Both bankruptcy and foreclosure will equally damage your credit score, but remember that there is always hope for everything. You can still work on your credit health and budget wisely to improve your financial health.

How To File For Bankruptcy?

There are many people that have struggled with paying their bills, especially in a bad economy where there aren’t many jobs available. If you are having a very stressful time because you have a mountain of debt that you just can’t pay off you should being considering filing for Bankruptcy in Mansfield, OH. You may struggle with the notion of bankruptcy, but it actually can be a very good solution for people just like you.

If you aren’t sure whether or not you would be able to pay off your debt then you should consult with an attorney about it. You should bring all of your bills that you have and a total of the debt. You may notice that you have even more than you thought. You should have all of the facts in hand before you decide to file so you can be fully informed of what may happen.

Once you meet with an attorney about filing for Bankruptcy in Mansfield, OH you may get a better answer about your debt. They should be able to tell you which chapters you are eligible for and how you can make your life much better. There are several different chapters that you may be able to file for but they all require different things from you. The first chapter is 7 and it is the most common. You are able to file when the court determines that you are able and then you are allowed to sell all of your items that you have a debt upon. You can then pay off your loans and move on from your debt.

The other chapter that other people use is 10 and it also has to be approved to do so. The collector’s allow you to pay them slowly over time and in some cases will also allow you to pay less than what was originally owed. You may be able to stop foreclosure on your home with this chapter as well as keep the belongings that you have debt on. You should discuss all the advantages of either chapter of Bankruptcy in Mansfield, OH with your attorney and decide what way you should go. You may find that your life is much less stressful after the solution has been found. You will be glad that you finally found the answer to your debt that has piled up for so long.

Fixing Your Credit Report After Bankruptcy

So you’ve finally finished discharging your debts and you’re ready to relax and be done with it, right? Wrong. About a month after things have completed it’s time to start fixing your credit report after bankruptcy.

The sad truth is that most of the time you’re going to find numerous errors on your report once you’ve discharged debts. Companies are not going to be motivated to update things saying that things have been “included in bankruptcy” and that you have a zero balance. Instead, they’ll leave the debts on there marked as open or overdue with amounts you owe on them. You want to call and have this taken care of.

It’s very common for people to be intimidated by the companies and overwhelmed after everything they’ve been through and not bother with calling to fix their credit report after bankruptcy. This is a big mistake.

After you’ve discharged all of your debt your rating may actually go up, and you’ll be on your way to rebuilding your finances for the future. However, if you still have those debts on there, this can’t happen. A major factor in calculating your score is the amount of debt you have versus the amount of credit available to you.

It may take a few calls to get this corrected, but it will be worth it in the long run.

Once you’ve gotten this taken care of, you can start working on rebuilding things. You can work on making your payments on time every month, possibly get a secured credit card from your bank and use it very lightly, paying it in full each month. It’s important to take things slowly and carefully to avoid future problems, but it’s also important to make sure you do things to build up a positive history. Be careful, but don’t give up altogether.

It takes persistence, but fixing your credit report after bankruptcy is very worth it, and an important step towards your financial future.