There is no doubt that filing chapter 13 bankruptcy will effect your mortgage, but the question is what will it do? When you file, it will remain on your credit report for up to ten years. During that time, every time that you apply for any credit, from a home mortgage to a car loan to a simple credit card, the lender will see this on your credit report and will then need to decide if in fact they should give you credit. In many cases, the answer will be no. When it comes to purchasing a home, this large commitment may be that much harder to get.
Options For Individuals
But, there are options for many people who are in chapter 13 bankruptcy or have found themselves with the ability to pay for a mortgage but have this black mark on their credit history. Buying home when you are in this situation will be tricky. Here are some tips to help you through.
?There are lenders willing to work with individuals who are capable of paying their mortgage on time. Although you have this black mark on your history, some lenders will still work with you if you have a good history of steady income. Unlike a credit card, people are often more aware that they need to pay their home payments before anything else because it only takes one behind payment to get into foreclosure. Lenders realize this and some will offer payments to individuals in this situation.
?Do anything and everything you can to build your credit history. Yes, you have bankruptcy on it, but you still need to insure that you are a good risk. One way to do this is to make your payments on time. This is very important to lenders. If you have a car payment, make sure that you pay it on time every month. The same goes with any credit cards you may have.
?Work on your credit score. To improve your credit score, you'll need to work hard. Pay off as many of the debts that you still have because this will improve your credit to debt ratio, a big number for lenders. Another thing that you can consider is getting a credit card. Now, you will find that these are very costly, but having just one that you pay off completely every month can really help you to re-establish your credit worthiness. Relief will then come in from lenders who see that you have pulled yourself together again.
Refinancing
What about getting refinancing mortgage while in chapter 13 ? This is often a difficult thing as well. For many individuals, refinancing is just what they need. Here's why. Refinancing re-starts your loan so to speak. So, if you have been paying on it for five years, it will lengthen the loan back to the original number of years but in turn, the payments for your mortgage are lowered. This can really make a huge difference for individuals who need the money monthly. You'll find that lenders in NH and various other locations do just this for you. There are many companies willing to work with those who are in chapter 13 bankruptcy.
While a Chapter 13 bankruptcy is actually a type of debt consolidation, it differs from traditional debt consolidation in certain important legal aspects. The most glaring and important difference is the power it wields. Backing up Chapter 13 bankruptcy is the Federal Bankruptcy Code, which can be a huge advantage when you are needing relief from debt.
Chapter 13 Protects You Immediately
An automatic stay will lock into place as soon as you file a Chapter 13 bankruptcy. It's in the form of a Bankruptcy Court injunction which effectively stops most recovery efforts that have been launched against you. Garnishments, repossessions, foreclosures, creditor harassment and license suspensions will cease. Your creditors will be forced to stop all such actions because this injunction has the legal chops to back it up. In reality it's a court order that mere debt consolidation services cannot provide.
Chapter 13 Covers Most Debt
In Chapter 13 bankruptcy, such specific debts as tax debt, child support arrears, car payments, and mortagage arrears can be rolled into one monthly payment. This is good news because the majority of traditional debt consolidation services allow only specific debts in the settlement plan. Wouldn't you rather have protection from every one of your creditors?
Chapter 13 Severely Reduces The Total Debt
With the power of a Federal judge ordering your creditors to stick to the repayment plan, you may be allowed to pay as little a 10% of any unsecured debts. Of course there are certain qualifications you must meet. If you can meet these qualifications the other 90% will be eliminated. You'll be able to pay off your debts much more quickly because of the severe reduction in principal owed. This is something that traditional debt consolidation plans cannot do. They can only ask the creditor to lower the interest rates and reduce the balances owing.
Chapter 13 Bankruptcies Don't Drag On
You'll only have to wait between 3 and 5 years for Chapter 13 bankruptcy to conclude, at which time all dischargeable debts are eliminated. Conversely, a more traditional consolidation could drag on indefinitely while you struggle with balances that remain high and continue to accumulate additional interest and finance charges.
Chapter 13 Takes No Late Fees or Interest
With Chapter 13 bankruptcy, the payments you make towards your unsecured debt will usually be put against the principal, thus drastically shortening the amount of time it will take you to repay that debt. In fact, debts that exist before filing bankruptcy will not accrue late fees, and in most cases will be repaid free of interest, unlike the usual debt consolidation process.
Chapter 13 Attorneys Work For You
Unlike a debt consolidator, your Chapter 13 attorney will vigorously represent only your best interests. He has a legal and ethical obligation to do so, and must comply with his obligations as regulated by state law. Many times debt consolidation companies are privately run, and may, in fact, be sponsored by the creditor themselves. With a Chapter 13 attorney on your side, you have the unique opportunity of having your rights backed up under strict legal requirements.
Chapter 13 Protects Your Property
You won't be required to post any collateral in order to proceed with Chapter 13 bankruptcy if you cannot afford the proposed monthly payments. Many home equity loans and traditional debt consolidation companies force you to risk losing your home and your property.
Chapter 13 Takes Care of Your Important Debts First
Most of your secured loans will be paid off first at the conclusion of a Chapter 13 bankruptcy plan. This includes such things as mortgage and automobile payment defaults. Unsecured debt payments such as credit cards and medical bills are taken care of after secured and other important claims have been paid. You will probably incur penalty charges under a normal debt consolidation company in return for delaying payments to unsecured creditors. These companies also give preferential consideration to home finance companies and car payments, which leaves little for the remaining claims. The bigger the balance owing, the bigger the penalty charges.
Chapter 13 Requires the Creditor to File A Proof OF Claim
Under Chapter 13 bankruptcy all unfiled claims are eliminated if the creditor fails to file a proof of claim with the Bankruptcy Court. It happens fairly frequently that a creditor may be listed in the Chapter 13 bankruptcy file, but forget to do the proper paperwork, thus effectively eliminating themselves from the consolidation. If you complete the terms of your Chapter 13 repayment plan, such claims are ruled invalid, and you never have to pay them back.
Both Susan Dean & Rick Hendershot are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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