QUESTION

Do I still pay old loan and can I sell? What are options?

Asked on Nov 04th, 2012 on Bankruptcy - Indiana
More details to this question:
I filed chapter 7 in 2004 and did not realize I needed to reaffirm. What are my options? Mortgage Company will not refinance. House needs work done but can't afford. I am looking at buying land and small house. Please help.
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9 ANSWERS

You did not need to reaffirm and now it sounds like its a good thing you didn't. The mortgage company is using that as an excuse to not refinance. Go somewhere else. If they foreclose all they get is what they sell it for, whereas if you had reaffirmed and they foreclosed they could come after you for any remaining moneys owed after the sale. Find someone to work with you to get pre-approved. Maybe try to sell the house.
Answered on Nov 07th, 2012 at 9:22 PM

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Bankruptcy Attorney serving Buford, GA at Kenneth A. Parker, PC
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It depends on what you want to do. If you want to keep the house, you will need to keep making the mortgage payments, The property is still yours, so you can sell it, but if you are going to sell it, the loan would need to be paid off or approved by the bank if by short sale. If you are upside down on the house and you filed a Chapter 7 case and did not reaffirm your house note, you may be able to walk away from the house without any repercussions. In general, a house debt has 2 aspects to is: 1. Is your personal obligation to pay the mortgage and 2. The banks lien on the property. The Bankruptcy discharges your personal obligation but not the banks lien, so if you quit paying the mortgage, the bank can foreclose, but if they do, remember, your personal obligation has been discharged (as long as you did not sign a reaffirmation agreement). You may be better off letting the house go and buying the other property you are interested.
Answered on Nov 07th, 2012 at 9:22 PM

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Bankruptcy Attorney serving Alpena, MI at Carl C. Silver Attorney at Law
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You should still pay on the home mortgage unless you have found another home. You can certainly sell the home. Hopefully you will get enough to pay off the existing mortgage.
Answered on Nov 06th, 2012 at 11:58 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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Your question is kind of vague, and the answer really requires some details. Do you have any equity in the property? What is it that you want to accomplish? Although your current lender may not want to refinance, if you have equity, someone else might be willing to do so. You should check with FICO at www.myfico.com to see your credit score, and if necessary, take steps to increase your score to have a better chance of refinancing and at a lower rate. Although other companies will provide you with a credit score, fico is the only one that lenders use.
Answered on Nov 06th, 2012 at 11:57 AM

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You did not need to reaffirm a real estate loan. Your bankruptcy has nothing to do with your decisions at this point. If the house is upside down and there is little chance of a successful loan modification to allow you to stay where you are, then your tentative plan to buy another house, or land on which to build a house, seems like a good plan. Make sure that you are not just digging yourself deeper into the financial muck with your new purchase. There is nothing to sell. If your house has negative equity, live in it as long as it is comfortable or until the bank forecloses, whichever comes first, and then move. The one option you absolutely do not want is to put good money after bad and either pay or sink a lot of money into repairs on a house that will never benefit you financially.
Answered on Nov 06th, 2012 at 11:56 AM

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Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
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The answer might depend on the state where you live. But, given that you did not sign a reaffirmation agreement then you should be able to let the lender foreclose. You cannot sell the property without first paying the loan. I hope this helps.
Answered on Nov 06th, 2012 at 11:54 AM

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Bankruptcy Attorney serving Myrtle Beach, SC at Law Office of Margaret L. Evans, PC
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And that is exactly why people should not try to represent themselves in bankruptcy; you can lose some of the advantages of filing bankruptcy by not making the appropriate motions, failing to reaffirm or failing to surrender property that should be surrendered. sounds like you should file the BKY to clean up your credit; and, if there's no equity in your current mortgaged property, you can surrender it and get a fresh start. You most likely won't be able to find a lender to give you a mortgage loan before you divest yourself of your current home.
Answered on Nov 06th, 2012 at 11:52 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You need to actually set up a conference with an attorney and go and speak with them about these issues.
Answered on Nov 06th, 2012 at 11:51 AM

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William H. Von Willer
You are still in title to the house and can sell, however, you will pay the balance due the mortgage company from the sale proceeds. Your bankruptcy means you are not personally liable for the loan balance.
Answered on Nov 06th, 2012 at 11:50 AM

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