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| Mortgage Bankruptcy Learn how to wipe out your second with a mortgage bankruptcy and learn the methods to "properly" claim bankruptcy on your home and loan. n the case of second mortgages, if the value of the property falls below the loan amount, debtors potentially could reduce the balance of the loan to equal the current value of the property. YES, very interesting stuff! |
This is a discussion on How BK affects foreclosure/eviction time within the Mortgage Bankruptcy forums, part of the Foreclosure Process category; Hi everyone, We live in AZ and I'm wondering how our recent ch 7 will affect the amount of time ...
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| Junior Member Join Date: Aug 2009
Posts: 3
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | How BK affects foreclosure/eviction time Hi everyone, We live in AZ and I'm wondering how our recent ch 7 will affect the amount of time we have in our home (we are including it as a discharge). We were current up until filing, so now we are 2 payments behind. Our atty originally told us we'd have at least 90 days after receiving a notice by mail, but I'm wondering if things tend to move more quickly with the lender knowing about a bk than if we were just letting the house foreclose. Is this logic accurate??? |
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| Member Join Date: Aug 2009
Posts: 17
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: How BK affects foreclosure/eviction time We filed in June and will be discharged mid Sept. I think it did speed mine up a bit, our intent was to keep our house when we filed if we could obatin a modification. I had tried before we went behind and filed and was told our DTI was too high and not worth my time to apply for a mod and go through the entire process just to get rejected. Hoped once we filed they would help but then was told because we filed they will not help us unless we reaffrim the loan and have been discharged. Of course we do not plan to reaffirm the loan because they cannot mod and it just does not make financial sense...anyway, the bank filed a motion of stay which was granted by the trustee. This allows them to move full steam ahead with the FC. It was just granted last week and I expect the NOD to be any day now....it seems to take about 4-6 months for the process here in Florida so we figure we have at least 4 more months. Once we get our discharge I will try one more time, at that point I am protected by the BK and they cannot come after me but if they are reasonable it will save them at least 100K.....have a feeling they will not be reasonable. |
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