Question
How do I prevent a foreclosure after I was discharged from bankruptcy?
I was discharged from my bankruptcy file, but the bank is still threatening to foreclose on my home. Is there anything I can to prevent this from happening? What should I do?LawQA.com Answer Library
Answered By: Bankruptcy Law office of Bill Rubendall
To avoid a foreclosure you may want to ask your lender about a loan modification or a forbearance agreement.
Answer Applies to: California
Replied: 10/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Janet A. Lawson Bankruptcy Attorney
See about filing a Ch13 to get caught up on the mortgage. You can do that after a Ch7.
Answer Applies to: California
Replied: 10/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/8/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of L. Paul Zahn
The only way to prevent foreclosure is to pay your mortgage. You may be able to modify the loan, which could make the payments easier to make, but if you don't pay the mortgage, then they have the right to take the house back.
Answer Applies to: California
Replied: 10/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Schreiber Law Firm
Loan modification, short sale or bringing the payments current are you likely options.
Answer Applies to: California
Replied: 10/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Financial Relief Law Center
It sounds like you may have filed a chapter 7 bankruptcy and not a chapter 13. If that is the case, then the chapter 7 does nothing to protect your property after the bankruptcy has been discharged and the automatic stay is removed. Chapter 7 bankruptcy does not apply to secured mortgage debt, and therefore, you cannot "discharge" your mortgage in a Chapter 7 bankruptcy and still retain the property. You can only discharge that mortgage debt if you end up surrendering the property. For Homeowner's who need assistance with bankruptcy but want to keep their property, they should file a chapter 13 bankruptcy, which allows you to pay back your mortgage arrearages over 60 months. This chapter of bankruptcy will protect your home and will bring you current on your mortgage upon filing. Otherwise, if you are a homeowner and you file chapter 7 bankruptcy, but are past due on your mortgage payments, you will need to figure out another way to address your mortgage past due amounts, such as a loan modification. I recommend that you speak with an attorney regarding your situation so that you can obtain the specific advice you need.
Answer Applies to: California
Replied: 10/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Carballo Law Offices
One option is to file a Chapter 13 bankruptcy case to pay the arrears in a plan over a period of up to 5 years. The other would be a loan modification taking the amount of arrears and making that amount due at the end of the mortgage loan term and reducing the interest rate on the mortgage so that you can afford the payments. You might have to do both file a Chapter 13 case and apply for a loan modification if you need to stop a pending foreclosure sale.
Answer Applies to: California
Replied: 10/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 10/7/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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