| Bankruptcy
- A federal law Whereby a persons assets are turned over to a trustee
and used to pay off outstanding debts; this usually occurs when
someone owes more than they have the ability to repay. Although
you can get a loan one day out of Bankruptcy you will have to
have some open trade lines that show your ability to pay debt
on time for a certain period of time.
After filling
a bankruptcy it is important to re-establish good credit as quickly
as possible. One of the ways you can start to improve your status
after the discharge is to check with the 3 credit repositories
and be sure the accounts you included are showing the correct
status of included in bankruptcy vs just delinquencies, collections
and charge-offs.
In some cases
as a property owner you may be able to refinance as an alternative
to filing for bankruptcy. If you have sufficient equity you may
qualify for a home equity loan or cash out refinance of your primary
mortgage. The money you receive from refinancing can be used to
pay off debts to avoid filing for bankruptcy. If you are considering
bankruptcy you should consult a lawyer as well as a mortgage broker
to discuss which option is best for you.
Most people
probably assume that obtaining a mortgage to purchase a home,
refinance or to consolidate debt after a bankruptcy is out of
the question. In fact, many people are able to obtain these mortgage
services, even 1 day after a bankruptcy discharge in some cases.
The main two
types of bankruptcy for indiviuals to file are chapter 7 which
will erase all debt included in the bankruptcy. second there is
chapter 13 this will restructure the debt and give the person
a certain payment and time period to repay the debt.
Chapter 7
- Gets rid of all debts except some taxes and possibly alimony
payments. Liquidates all assets that are not exempt (cars, work-related
tools and basic household furnishings). Some property may be sold
by a court appointed official or turned over to creditors.
Chapter 13
- Allows a borrower with a stable income and limited debt, to
pay off bills under a court approved repayment plan over a 36
to 60 month period rather than surrender any property.
If you are
having problems getting credit or paying your monthly bills, you
may be tempted to turn to businesses that advertise quick and
easy solutions to credit problems. But do not be misled. There
are no instant solutions. Although some credit counseling businesses
"guarantee results or your money back," you may find that there
are hidden strings attached or that the company is gone when you
want your money back.
There are steps you can take to help solve your credit problems.
However, solving them takes time, patience, and some understanding
of the law. This brochure may help you. It explains why your credit
history is important, how to build a credit history and establish
credit, and what can be done to improve a bad credit history.
It also suggests ways to help deal with debts you may have, possibly
by using a nonprofit Consumer Credit Counseling Service.
On October
17, 2005 the bankruptcy laws underwent a change, the biggest change
is that fewer people will qualify for Chapter 7 bankruptcy.
Demonstrate
good money habits now. Many people who file bankruptcy swear off
credit altogether, however, it is important to re-establish your
credit rating. Get a secured credit card or take on some sort
of loan — furniture, a car or a major appliance —
to demonstrate that you are able to make timely payments. Make
sure you are making other payments (utility bills, cell phone,
etc.) on time as well. You won't turn things around in a year
but your credit score will improve over time.
Bankruptcy,
generally in consumer home financing refers to these types Chapter
13 and Chapter 7. A Chapter 13 bankruptcy allows the consumer
to schedule a repayment plan of debt, this process of repayment
is usually scheduled for a 3-5 year period. The payment process
and scheduling is set by the court and managed by the appointed
trustee. A Chapter 13 bankrutcy can be paid off through a refinance
of an existing mortgage, this is called a bankruptcy buyout. Lending
Institutions have strict guidelines in being approved for a loan
of this type. A Chapter 7 bankruptcy however can be viewed as
consumer debt liquidation. This allows the bankruptcy court to
liquidate or sell some of your property for the benefit of the
creditors. Generally a Chapter 7 bankruptcy takes about 4 to 6
months from start to finish. Both types are functional for lending
institutions and consumers can still qualify for a home loan.
Even though
you will not be able to get a conforming mortgage for a minimum
of 4 years after the discharge of your bankruptcy, there are now
more choices than ever if you have had a bankruptcy in the past.
Although bankruptcy
can be damaging to your credit, you can technically get a mortgage
loan 1 day out of bankruptcy!
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