Can we modify our loan after Ch. 7
Date: Sun, 10/03/2010 - 11:56
HELP????
Thank you
RMSealey
A bankruptcy doesn't automatically disqualify you from a modific
A bankruptcy doesn't automatically disqualify you from a modification, but at the same time, I haven't heard of anyone getting a modification after bankruptcy.
Yes, you can attempt to modify your home mortgage after bk. Cont
Yes, you can attempt to modify your home mortgage after bk. Contrary to one of the above posts, I have seen it done numerous times.
The problem you will face is the stupidity of the lender when it tells you that you need "bk court approval" or that you need to reaffirm the loan. Garbage. There is no requirement to reaffirm and doing so is a bad idea. Further once your Chapter 7 Trustee does his final accounting and closes the file the home will be "abandoned" from the bk estate and bk court approval is not required since the bk ct could care less about the home.
Stick to your guns. Keep pestering the lender. Call 2 to 3 times per week and document each contact. While few modifications go through, the fact that you did a bk should not be a reason for loan modification denial.
In the end if you are not successful in a loan modification and you can no longer afford to service the loan by making voluntary payments, take solace in knowing that since you did not reaffirm the mortgage you can just walk away and not have to worry about being sued.
Des.