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

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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Second, the post-petition creditor must consent to its inclusion in your chapter 13 repayment plan. finally, you must obtain court approval. Trustee Consent. In Chapter 13 bankruptcy, you are supposed to get the approval of the trustee before using credit or incurring a debt. The trustee will approve a new consumer debt if that debt is.

However, having an open Chapter 13 bankruptcy can be a death sentence when you’re trying to apply for a loan. Most lenders won’t consider applicants with an open bankruptcy. Here is a comprehensive guide on some methods you can use to obtain a loan even if you have an open Chapter 13 bankruptcy.

To be eligible to file for Chapter 13 bankruptcy, an individual must have no more than $394,725 in unsecured debt, such as credit card bills or personal loans. They also can have no more than $1,184,200 in secured debts, which includes mortgages and car loans.

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Last minute help. If a loan mod application is made more than 37 days before the foreclosure sale, the servicer cannot conduct a foreclosure sale until it issues a decision on the application. The new rules deal with a myriad of variations on these timelines. The theme in the rules is consistent: federal law requires a decision on a loan modification.

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How to Save Your Home from Foreclosure: Loan Modification vs. Chapter 13 Bankruptcy Posted on August 8, 2016 at 12:00pm by The Sader Law Firm If you have fallen behind on your mortgage and are facing the prospect of foreclosure, this blog can help you decide on strategies to save your home.

Sometimes everything doesn’t go as planned when you file a Chapter 13 bankruptcy case. For instance, if you lose your job, get sick, divorce, or have an unexpected expense like a major car repair, you might have trouble making your Chapter 13 plan payments. Your bankruptcy attorney might suggest that you modify your plan to catch up your payments.

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