Home Equity Loan After Chapter 7
You won’t be responsible for paying your mortgage after filing for Chapter 7 bankruptcy, but you’ll have to give up the house. The lien rights that allow a lender to foreclose on the home, sell it, and use the proceeds to pay down the mortgage don’t go away in bankruptcy.
It is important to point out that selling your home after bankruptcy may be problematic if the plan is to immediately turn around and buy a new home. Once the bankruptcy is complete and you still own your home, the lender can choose to initiate or move forward with foreclosure proceedings if the mortgage is in default.
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Instead of waiting 2 or 4 years after being discharged from bankruptcy, some mortgage professionals are willing to give a home loan much sooner. Those who have declared Chapter 7 bankruptcy liquidation may be eligible for a loan one day after discharge, and those who have declared Chapter 13 may be eligible for a loan even while still reorganizing.
In exchange, the trustee is entitled to sell your nonexempt property and use the proceeds to pay your unsecured creditor. That means that if your home has a significant amount of nonexempt equity, the trustee will sell it. To learn if your home has nonexempt equity, see Chapter 7 Homestead Exemption. Chapter 13 Bankruptcy and Your Mortgage.
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Unlike Chapter 13 bankruptcy, Chapter 7 bankruptcy poses a substantial risk that you will lose your home because Chapter 7 does not eliminate the mortgage lender’s lien on your house.
The Impact of a Home Equity Loan After Bankruptcy. How a home equity loan (HELOC) impacts a debtor’s post-bankruptcy life, is mostly determined by which type of bankruptcy the debtor filed and whether they signed a reaffirmation agreement. If a debtor has defaulted on their home equity loan, then the lender has a lien against the property.
Getting a mortgage after bankruptcy can be a challenge, but it’s not impossible. Many lenders have established guidelines for underwriting home loans for borrowers who’ve emerged from bankruptcy, completed a waiting period, and otherwise met certain eligibility requirements.
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