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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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We have a home that is in the foreclosure process in ...

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We have a home that is in the foreclosure process in Virginia. We would like to file Chapter 13 to stop the process, however, we used a one year hard money loan to purchase the home. The loan matured on 6/1/08. Can we reaffirm a home that does not have a regular mortgage?

Filing a Chapter 13 petition automatically stops the sale of a house in foreclosure and gives the debtor as much as five years to catch up on late payments while making current ones. Whoever is foreclosing on your home, will be stopped from pursuing foreclosure action. You won't be reaffirming you will be catching up on payments over the course of 5 years.

You need to consider whether or not you have the disposable income available to do so and have the plan confirmed by the court. You must also have steady income to show that you are able to make the plan payments.

Seek a consultation with a bankruptcy attorney to go over your situation and see if Chapter 13 is a viable option.

VanDLaw and other Bankruptcy Law Specialists are ready to help you