New Federal Loan Modification Rules To Now Work With Chapter 13 Bankruptcy Laws

Chapter 13 may provide a debtor with bankruptcy protection even if he makes too much money to qualify for a Chapter 7 case or if he received a discharge in a prior chapter 7 case. Chapter 13 allows a debtor the length of the plan to pay back past due amounts owed on houses, cars and other loans that have collateral.

FHA Loan Rules For Bankruptcy: Chapter 7 and Chapter 13. From HUD 4000.1: “A Chapter 13 bankruptcy does not disqualify a Borrower from obtaining an FHA- insured Mortgage, if at the time of case number assignment at least 12 months of the pay-out period under the bankruptcy has elapsed. The Mortgagee must determine that during this time,

Servicers Now Must Provide Homeowners With Assistance. Now, under federal law, servicers are supposed to work with borrowers who are having trouble making monthly payments. Early Intervention Requirements: Servicer Must Contact the Borrower By Phone (or In Person) and In Writing

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Your post-bankruptcy loan options depend on the steps you take. in the case of a Chapter 13 bankruptcy, bankruptcy could be the right move for a new financial.

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.

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.

Mortgage modification amid bankruptcy?. file for another loan modification after filing for Chapter 13 bankruptcy. The problem I see for you is you cannot afford the mortgage payment now, so.

But which chapter type is best? The New Bankruptcy explains the. Chapter 13 bankruptcy works by keeping. payment obligations under the Chapter 13 laws.

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Impact of Post-Bankruptcy Loan Modification Since the Bankruptcy discharge eliminated the borrowers "obligations" under the Note, there is no obligation left to modify. If, however, the borrower and lender enter a Modification Agreement, the terms would likely express either a reaffirmation of the debt or, alternatively, a new promise to pay.