Commonly
abbreviated as the two letters BK, Bankruptcy is a legal protection
afforded by court proceedings intended to provide relief to an
individual or business unable to repay its debts.
If someone is already in a Chapter 13 bankruptcy
and own their own home, they may elect to apply for a Chapter 13 buyout
loan.
Sometimes arrearages that were a result of late or
missed mortgage payments might not be included in the payoff that you
received from the Trustee. This could greatly reduce the amount of cash
out you might receive once you refinance.
Most non-prime mortgage lenders have loan programs
to help homeowners who have filed bankruptcy. Many even offer loans to
those who are only one day out of bankruptcy.
New Bankruptcy laws are more strict and the BK will
be set to a 5 year pay back plan.
Before filing for BK consult us to see if there are alternatives.
If you have filed BK and want to obtain a mortgage,
find a mortgage professional who specializes in helping the credit
challenged. You will usually find this with a mortgage broker due to
the broker's ability to place loans with multiple lenders. Having this
ability allows the mortgage broker to research a lender with niche or
special programs that do not conform to the standard guidelines.
Broker's get used to working with certain lenders and fully understand
their guidelines which makes the mortgage process easier and go through
with less challenges.
A Chapter 13 buyout works similar to a cash-out
refinance, except that the cash taken out from the refinance is used to
payoff you bankruptcy debts, thus discharging from your Chapter 13.
It is important to remember that it is up to the
Trustee as to whether or not you will be able to refiance or not and
under what terms.
It is important to remember that most Attorney's
charge an extra fee to file for a motion with the court in order to
proceed with a Chapter 13 refinance buy out.
In some cases it might not be a good idea to
refinance right away. Most Chapter 13 Refiance loans have a prepayment
penalty that need to be factored in to your bottom line.
If you are considering a chapter 13 refinance loan
you should also obtain a copy of your credit report and make sure that
the items that were included in the Bankruptcy were updated to that
effect to show that they were in fact included in your Bankruptcy.
There are many loan programs for people who have
filed BK. These programs are for refinancing and purchasing homes.
Chapter 13 Bankruptcy reorganizes debts under the
supervision of a court ordered repayment plan. This is commonly
referred to as a wage earner plan. Part of the individual's income is
appropriated every month for distribution to their creditors.
Chapter 13 allows the individual to save and keep
their property, and very often provides 3 to 5 years to repay debts.
With bankruptcies at all time highs the courts have
changed the bankruptcy laws making it much harder to file for
Bankruptcy. Credit card debt is at an all time high and this is one
reason for the numerous bankruptcies. Consult with a mortgage
consultant before filing bankruptcy to see if there are any debt
consolidation options available or any other options available to save
you enough money so that you can avoid filing bankruptcy.
For individuals, Bankruptcies come in two common
varieties:
Chapter 13 Bankruptcy
Chapter 7 Bankruptcy
Although these programs will have higher interest
rates, these loans are a great way to reestablish your credit profile
and just two years of timely payments on a mortgage will do wonders for
your credit score. Most borrowers refinance these loans within 4 years
of obtaining them because they become eligible once again for certain
conventional loan programs.
If you have filed bankruptcy in the past the odds
are there is a mistake on your credit report somewhere. Maybe an
account didn't report as being in the bankruptcy and still shows an
outstanding balance which would adversely affect your credit. This is
why it is crucial to always check your credit on a yearly if not
quarterly basis.
Countrywide offers great programs for individuals
ONE DAY (1) after they have had their bankruptcy discharged!
A legal procedure initiated voluntarily by the
borrower or forced by creditors when the borrower does not make
payments. Then the court divides the borrower's property among
creditors to pay off obligations.
Chapter 7 of the Bankruptcy Code provides for
liquidation of an individuals non-exempt property, which may include
the primary residence of the individual.
Lenders will still lend you money if you have filed
a BK. However they will require a certain amount of time to be placed
between you and the discharge date. Often they need to see you have
re-established yourself.
Many lenders realize "bad things happen to good
people". There are many programs available to those involved in a
chapter 13 BK to help them refinance their current mortgage and pay off
their bankruptcy. The lenders are going to look for a consistent
payment history since the Bankruptcy was filed.
Recently bankruptcy laws have gotten more strict.
If you have equity in your home you may want to consult with us to
assist you with avoiding bankruptcy.