Posts Tagged ‘keep your home’
How Filing Chapter 13 Bankruptcy Can Save Your Home
September 2nd, 2009
Although it is not an attractive option to think about, filing for Chapter 13 bankruptcy can actually help you save your home and avoid foreclosure. Unlike filing Chapter 7 bankruptcy, with Chapter 13, you can set up a repayment plan that will allow you to pay missed mortgage payments over a long period of time such as three to five years. As soon as you file for bankruptcy protection, the lender has to stop the foreclosure process immediately until the bankruptcy case is heard in court. When the case is heard, you will work out a repayment plan that is acceptable for to the lender and you. Therefore, the lender will stop the foreclosure effort and you can keep staying in your home.
Avoid paying unsecured debts
The repayment plan will outline what you have to pay and when. If you have unsecured debts, you may end up paying very little towards them or pay nothing at all. That means, you will have money left to pay your missed mortgage payments.
Contest the foreclosure
Sometimes, you can contest the legality of the foreclosure on your home in the bankruptcy court. You can also contest any claims for costs and fees that are added to missed mortgage payments. A lot of the time, these costs are significantly reduced or eliminated when contested.
Get rid of other liens on your home
If you have a second mortgage lien or third mortgage liens on your home, you can usually get rid of them by filing bankruptcy. Most liens that are wholly unsecured can usually be dismissed.
Bear in mind, though, that filing for bankruptcy protection has lots of consequences so you should think carefully about your situation to make sure that it is what you want to do and what you need to do. If you need help or advice from a lawyer, you can use the service below to find one. The service is free and confidential.
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Posted in Bankruptcy, Ways to Avoid Foreclosure | 
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23 Legal Defenses To Foreclosure
August 1st, 2009
When homeowners are in foreclosure, they often panic - most of the time too much. They do not think clearly enough to find real solutions. Without thinking clearly, they fall for scams and become victims of mortgage frauds and other types of scams. What they really need to know is that there are many legal defenses to foreclosure, against banks or mortgage companies. Banks may try to scare them into thinking that there are no way out whereas, in fact, there are many legal ways that homeowners can prevent foreclosure and keep their homes. This book called Legal Defenses To Foreclosure: How To Beat The Bank has 23 legal defenses to foreclosure. If you want a free consultation so that you can talk to someone who knows about how to prevent or stop foreclosure, use the link below.
Falling Behind on Your Mortgage?
Local Experts Are Here 24/7 To
Help You Save Your Home.
23 Legal Defenses to Foreclosure breaks down 23 powerful foreclosure defenses into easy-to-understand chapters.
Each chapter is packed with useful information that you can use directly in court in any state. The book includes:
- legal letters,
- forms,
- motions,
- an "Answer" to the lawsuit, and
- sample discovery to get damaging information directly from the bank.
- recommended strategies for fighting foreclosure, and
- checklists that make this book easy enough for anyone to understand.
- TILA,
- HOEPA,
- RESPA,
- FDCPA,
- FCRA and more.
Nevada attorney Ramon Dy-Ragos calls this book a "goldmine." Ohio attorney Thomas Tootle calls it "a necessary desk reference for anyone defending foreclosure - even the most seasoned practitioner."
Posted in Foreclosure Laws, Foreclosure Process, Help to Avoid Foreclosure, Ways to Avoid Foreclosure |
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Chapter 13 Bankruptcy
July 30th, 2009
Sometimes, filing for bankruptcy protection is the only way to keep your home But, bankruptcy is not something you do if you have other options. There are many other ways that you can try to prevent foreclosure or stop foreclosure before you think about filing for bankruptcy protection. Get a free consultation before you settle for filing bankruptcy to make sure there is nothing else you can do. Bankruptcy is very bad for your credit and you are going to suffer lots of consequences in the process.
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If filing for bankruptcy protection is the right thing for your situation, you need to decide what type of bankruptcy you are going to file. Most people file for Chapter 13 bankruptcy. You usually can keep your home while slowly repaying your debt with Chapter 13 bankruptcy protection. You need to read up about it if you are really interested in filing. This book called Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time will give you a good overview of what you need to do, what the consequences are, and so on.
What Reviewers say about this Chapter 13 Bankruptcy book?
"Chapter 13 Bankruptcy will save you a fortune in attorney fees and confusion." -- The Midwest Book Review
"In Nolo's usual thorough fashion, here is a guide to an alternative to the typical Chapter 7 Bankruptcy." -- Orange County Register
"An excellent book that can guide you through the [Chapter 13] process." (Forbes Magazine )
"Contains many tear-out forms, federal and state exemptions charts, and the most recent legal documents and instructions on how to fill them out." (Reference & Research Book News )
"In Nolo's usual thorough fashion, here is a guide to an alternative to the typical Chapter 7 Bankruptcy." (Orange County Register 20080202)
"An excellent book that can guide you through the [Chapter 13] process." -- Forbes Magazine
Description of Chapter 13 Bankruptcy Book
Reduce your debts, save your property -- and start over!
Are you behind on your mortgage, taxes or other bills? Are creditors threatening foreclosure or repossession? This book will show you how to save your house, car and other assets with Chapter 13 Bankruptcy. It lets you cancel your debts and pay off the rest with an affordable repayment plan.
And now you can avoid attorney fees and do it yourself -- let Chapter 13 Bankruptcyyou how to:
- determine if you qualify for Chapter 13
- stop a house foreclosure
- estimate monthly payments
- devise an acceptable repayment plan
- complete and file forms
- make up missed mortgage payments
- pay off other debts
- represent yourself before a bankruptcy judge or trustee
The 9th edition is completely rewritten to reflect the recent (and massive) changes to federal bankruptcy law, as well as the latest bankruptcy exemption laws of your state. It also includes the most current legal documents and instructions on filling them out.
Whether you work with a lawyer or file on your own, you'll find everything you need to take charge of your debts in Chapter 13 Bankruptcy.
Please note: This book does not cover business bankruptcies, farm reorganizations or individual repayment plans (Chapter 13). For Chapter 7 Bankruptcy, see Nolo's How to File for Chapter 7 Bankruptcy.
State and Federal Exemption Charts
- Doubling
- Residency Requirements for Claiming State Exemptions
- Exemptions for Retirement Accounts
- Individual State and Federal Charts
Tear-Out Forms
- Voluntary Petition
- Exhibit C to Voluntary Petition
- Exhibit D to Voluntary Petition
- Schedule A -- Real Property
- Schedule B -- Personal Property
- Schedule C -- Property Claimed as Exempt
- Schedule D -- Creditors Holding Secured Claims
- Schedule E -- Creditors Holding Unsecured Priority Claims
- Schedule F -- Creditors Holding Unsecured Nonpriority Claims
- Schedule G -- Executory Contracts and Unexpired Leases
- Schedule H -- Codebtors
- Schedule I -- Current Income of Individual Debtor(s)
- Schedule J -- Current Expenditures of Individual Debtor(s)
- Declaration Concerning Debtor's Schedules
- Summary of Schedules and Statistical Summary of Certain Liabilities and Related Data
- Form 3A -- Application and Order to Pay Filing Fee in Installments
- Form 7 -- Statement of Financial Affairs
- Form 10 -- Proof of Claim
- Form 20A -- Notice of Motion or Objection
- Form 21 -- Statement of Social Security Number(s)
- Form 22A -- Statement of Current Monthly Income and Means-Test Calculation
- Form 22C -- ChaStatement of Current Monthly Income and Calculation of Commitment Period and Disposable Income
- Form 23 -- Debtor's Certification of Completion of Postpetition Instructional Course Concerning Personal Financial Management
- Form 201 -- Notice to Individual Consumer Debtor Under § 342(b) of the Bankruptcy Code Amendment Cover Sheet
- Daily Expenses
- Notice of Plan Amendment and Confirmation Hearing Date
- Proof of Service by Mail
- Chapter 13 Repayment Plan
Buy Chapter 13 Bankruptcy: Keep Your Property & Repay Debts Over Time
Posted in Bankruptcy, Ways to Avoid Foreclosure |
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