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Ask Maverick Your Own Question

Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 3432
Experience:  Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
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i am in a trial modification currently for the Hamp program.

Customer Question

i am in a trial modification currently for the Hamp program. If I file bankruptcy now, what would happen to the modification? would it continue, get cancel and my house forclose, or have to reapply? The foreclosure date is 7/15 and will get cancelled if i pay promptly in the next 3 months.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 3 years ago.

Welcome to Just Answer! My name is Maverick. I very much enjoy what I do and I hope that you will benefit from this information.


I would suggest that you opt for the BK route now if you can as these modifications are full of problems. The banks have been known to string people along or lose the paper work or change the terms and leave you hanging. We get those scenarios everyday here.


If you file a chapter 13 bankruptcy, the court allow you 3-5 years to pay back the arrears but you have to have enough income to still make your monthly mortgage payments and cover your basic needs. If you can do this, this is usually a better option than a mod. What happens if you pay promptly and they refuse to cancel the foreclosure? You will have to be ready to file a chapter 13 just hours before the scheduled foreclosure.


If you file chapter 7, they will eventually foreclose on the house and the mod is off. Here you lose the house unless you reaffirm the debt. But then, they will not likely give you a mod.


If you can't afford a lawyer, you can try this link: ers&OVKEY=bankruptcy%20preparation&OVMTC=advanced&OVADID=37666520022&OVKWID=164838369522&OVCAMPGID=65625022&OVADGRPID=8264781910&OVNDID=ND1




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Customer: replied 3 years ago.
i want to keep my house and do have to file bk. do you think it is best to bring dept current by paying the delinquent loan amount? so they would not foreclose while i am going through the bk?
Expert:  Maverick replied 3 years ago.

If you want to keep your house, then file a chapter 13 or try to go through with the mod and if the mod fails then be prepared to file a chapter 13 just before the foreclosure date. In other words, you must obtain written confirmation that the foreclosure has been canceled and/or postponed.


If you file chapter 13, they cannot foreclose while you are operating under a chapter 13 repayment plan.

Customer: replied 3 years ago.
thank you for your answer. i want to go for chapter 7 if i qualify and i also has a timeline that i need to file bk. i cannot wait 3 months for the mod before filing. please advise
Expert:  Maverick replied 3 years ago.

If you want to keep your house, you need a chapter 13 not a 7.


I would suggest that you start now and either hire a local BK lawyer or use the link I sent you earlier to prepare the chapter 13 paper work yourself and file.



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