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Bankruptcy. A Chapter 7 bankruptcy (liquidation) does not disqualify a borrower from obtaining an FHA-insured mortgage if at least two years have elapsed since the date of the discharge of the bankruptcy. Additionally, the borrower must have re-established good credit or chosen not to incur new credit obligations. The borrower also must have demonstrated a documented ability to responsibly manage his or her financial affairs. An elapsed period of less than two years, but not less than 12 months, may be acceptable if the borrower can show that the bankruptcy was caused by extenuating circumstances beyond his or her control and has since exhibited a documented ability to manage his or her financial affairs in a responsible manner. Additionally, the lender must document that the borrower's current situation indicates that the events that led to the bankruptcy are not likely to recur. A Chapter 13 bankruptcy does not disqualify a borrower from obtaining an FHA-insured mortgage provided the lender documents that one year of the payout period under the bankruptcy has elapsed and the borrower's payment performance has been satisfactory (i.e., all required payments made on time). In addition, the borrower must receive permission from the court to enter into the mortgage transaction. You can buy anything you want. But getting a loan is a different story. You should understand the difference. All things, including your mortgage HAD to BE included in your BK or you committed fraud and lied to the court Criminal acts. Also not good for getting anyone to loan you money. In today's and any reasonable expectation of the future's lending environment...where even excellent credit and history requires scrutiny and more...you, a bankrupt that hasn't paid prior obligations nor apparently even understand that you don't actually buy and own something until you pay for it...have little chance of finding someone to lend you money for some time. Well, maybe at much more of a cost than those that understand these basic concepts would agree to pay and know they could afford. You now become a good mark for predatory lenders. The 2nd answer above seems to be more of a moral answer than a legit answer. The reality is that you CAN file bankruptcy and keep the mortgage outside of the bankruptcy. We help clients every single month that have had the misfortune of filing either a chapter 7 or chapter 13 bankruptcy obtain a mortgage financing. These are FHA-insured mortgages that are 30 year FIXED rates with low closing costs! After all the costs are regulated by HUD.

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Q: Can you buy a home after filing bankruptcy if the current mortgage was not included in the bankruptcy?
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Will bankruptcy protect me from foreclosure by my mortgage company?

Yes, bankruptcy protect you from foreclosure by your mortgage company. You can read more at www.hirby.com/mortgage-lender-filing-for-bankruptcy


If the mortgage was reaffirmed but on your credit report it appears as Bankruptcy is this an error?

Yes, a reaffirmed mortgage needs to reflect the mortgage payment history before, during and after the bankruptcy proceedings. "In Bankruptcy" needs to portray only DISCHARGED BY or INCLUDED IN...Bankruptcy. Contact your mortgage company so that all of your payment history shows on all three bureaus. No. Not if it were a part of the bankruptcy filing. It may or may not be marked included in bankruptcy or reaffirmed in bankrutpcy. It will still remain on the CR for the prescribed time.


You and your ex-husband own a home together. He is the primary and you co-signed the mortgage. You are current on the mortgage and he is filing bankruptcy. How are you affected?

You need to have your situation reviewed by an attorney who can review all the details and who is knowledgeable in the areas of real estate law and bankruptcy.


Can you get a reverse mortgage if you file bankruptcy?

Yes, a reverse mortgage does not have any credit requirements, however if you are in bankruptcy or filing one you may need court approval to do the reverse mortgage.


What is the waiting period for purchasing a home after filing bankruptcy if a mortgage was included?

There is no specific waiting period. You can purchase a home as soon as you reestablish your credit to the satisfaction of any proposed lender.


Can a debt to a private individual be included in a bankruptcy petition?

Not only can the be included, they MUST be included. All debts whether to Walmart or Aunt Betsy needs to be included in your bankruptcy filing.


Where can someone find information about getting mortgage loans after bankruptcy?

Quicken Loans has an excellent section on how to obtain a loan or mortgage after filing bankruptcy. Most debt consolidation centers and bankruptcy attorneys will have information or references for those seeking information on applying for a post-bankruptcy loan or mortgage.


Does filing for bankruptcy re-age delinquent accounts included in?

"Included in" bankruptcy? No. It stops any interest or penalties on unsecured debts. If the bankruptcy fails, the accrued interest or penalties will be added to the account, and the statute of limitations starts ticking from where it was on the date of filing.


When filing bankruptcy can past child support be included?

No. Child support is not dischargeable in either federal or state bankruptcy.


Can home owners association fees be included in a bankruptcy?

Your bankruptcy attorney can help you decide what to include in your filing petition.


Am I legally allowed to refinance my home mortgage after filing bankruptcy?

You can legally refinance if you choose to, there are no restrictions from the bankruptcy. With that, you may find that lenders will not approve your loan because of the bankruptcy.


If you are a joint mortgage holder and the other person on the mortgage files bankruptcy how does that impact the mortgage?

The house won't be affected at all UNLESS... The person filing BK is filing it on the house as well whether it be a 13 (repayment) or a chap 7