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Bank Loans after Bankruptcy

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    Bank Loans after Bankruptcy

    I have a mortgage with our local bank and I also have a loan against a small piece of property.
    I plan to reaffirm with both, filing chapter 7.
    I had another loan but I'm combining it with my mortgage today hopefully.

    While reviewing the loan papers, reading all the fine print, I see that it says that if I file bankruptcy they can call all their loans due.

    Does anyone have any light to shed on this? Does this mean I could lose my house even though I've never been late on a payment?

    I'm sort of freaking out here. Any advice would be really appreciated.

    #2
    I would not sign the new loan based on your post above.

    When you file, you will have to provide all documentation for loans within the last 10 yrs (if they are mortgages) and 2 yrs or so if they are unsecured. This one sounds like you are refinancing today to add an unsecured debt to your house. I do not know when you plan to file, but this could create problems for you in your bankruptcy since you are taking out this loan just prior to filing.

    As to the enforceability of the acceleration clause in the new loan, there appears to be case law in various districts that say the clause is unenforceable. But, you would need to speak directly with your attorney to know how it is treated in your district.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

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