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Is Loan Mod Possible after Chapter 7?

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    Is Loan Mod Possible after Chapter 7?

    Husband and I have a corp that we dissolving as insolvent and plan to file chapter 7 soon. We have been workiing on reducing company and personal overhead as much as possible and living very frugally. We have moved all our personal accounts to a new bank and this week will work on moving our company account(for the new company we just setup) to that same bank. We just got a refi for our car thru State FArm (saved $175 a month). and want to go to our current bank (who knows nothing about the bk) to get the 2nd closed end mortgage on our house remod to lower the interest and drop the payment from $388 down to about $310 a month. She talks like it is just filling out paperwork, not like a major loan mod. We are going to see her this Friday. Husbands credit is in the 700's, only probably is debt to income ratio, don't know what it is, but it's bad.

    We have already stopping paying all our credit cards this month and are giving them the "business has been really bad for two months, we are just trying to pay the mortgage, we will try to make it up next month" which is true. So we can hold them off maybe another month before they start reporting to credit bureaus.

    Here's the hitch: we need a loan mod on our 1st mortgage badly. Our payment is $1326 on top of the $388 for the second. This year our business is not makiing the money it did last year when we were able to take dividiends out of the company (making adj gross income jointly of $73,000), this year we may have to live somehow off of the W2 income we make of about $40,000. Hubby's is only $22,000 and his name is the only one on the mortgage.

    We want to get the obama makinghomeaffordable.gov plan. A refi is out of the question due to what we owe, vs. market values that have dropped. We have not missed any payments for 5 years and they have been on time.
    We have contact NACA organization this week but have not heard back.

    The calls are unrelenting already from credit card people but we are talking to them and just holding them off as long as possible so my husbands credit stays intact long enough to do the loan mod. But I don't know if that is possible. I've heard some loan mods take months and I don't think we can make it that long.

    If we file personal bk chapter 7, close the one corp as insolvent and close it. We have now reopened a new LLC ompany and WE and the company have lowered expenses drastically and our new budget we can live on with a loan mod but not without one. I don't want to file bk to get everyone off our backs and then find out we can't loan mod.

    Atty advised for us to bk soon, NOT reaffirm either the 1st (BOA) or 2nd (BB&T) mtgs and continue paying it and do a "ride thru" and in 2 years get a refi. We won't make it two years making that payment. WE can't make that payment now without letting the company pay it and take as a dividiend at the end of the year. I also saw some threads that said that if we DON"T reaffirm, the banks WON'T do a loan mod becuase we no longer have liability to even pay the loan mod.

    Our main objective is to keep the house but be able to pay the mortage out of the W2 income. IN order to do that, we must have a loan mod, reducing interest (we now have 5.5 fixed), or stretching the term, or forgiving principal or something.
    Please advise if you know something. We would like to bk as soon as possible after we have loan mod on the 2nd morgage (Friday) but we want to continue to get the 1st mortgage loan mod by the obama plan. Can we do that after bk 7?

    If I call BOA, will they tell me if that would be a problem?
    Would naca be able to help us get the loan mod even after bk?

    Please help

    #2
    If your property is worth LESS than what you owe on your first mortgage, I would suggest you do the same as we are doing:

    Modify the first under the Obama HAMP and strip your second mortgage by filing CH13 once the HAMP modification is complete.

    Is CH13 an option to you?
    Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
    FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
    FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

    Comment


      #3
      dont really know what the property is worth . . we owe $211,000 on the first mtg BOA and $37,000 ish on the 2nd with BB&T. We paid $239 or $229,000 for the house 5 years ago and I think the "tax value" for property taxes is either $188,000 ish or $198,000 ish.
      We are doing the 7 because of credit card debt on me and husband and the company. It's my understanding that 13 means you pay a payment to the court to pay back all your debts and we have personal about $60,000 in credit cards and the debt on the house and in the corp probably $38,000 that hubby had to personally guarantee so I don't think we could do chap 13. Any advice?

      Comment


        #4
        When we go to do the loan mod, won't they send out someone to appraise the house? to get it's "market value" and they go by that?

        Comment


          #5
          Originally posted by Lovesgirl View Post
          When we go to do the loan mod, won't they send out someone to appraise the house? to get it's "market value" and they go by that?
          They don't send an appraiser - they calculate that value based on other market-values (some sort of market-analysis).
          Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
          FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
          FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

          Comment


            #6
            Originally posted by Lovesgirl View Post
            dont really know what the property is worth . . we owe $211,000 on the first mtg BOA and $37,000 ish on the 2nd with BB&T. We paid $239 or $229,000 for the house 5 years ago and I think the "tax value" for property taxes is either $188,000 ish or $198,000 ish.
            We are doing the 7 because of credit card debt on me and husband and the company. It's my understanding that 13 means you pay a payment to the court to pay back all your debts and we have personal about $60,000 in credit cards and the debt on the house and in the corp probably $38,000 that hubby had to personally guarantee so I don't think we could do chap 13. Any advice?
            It could be VERY close based on the value 5 years ago. The property-value could be slightly above or sligthly below the amount owed on your first mortgage. BOA is a participant in HAMP.

            And NO, you do not NECESSARILY pay back ALL your debt in a CH13 - especially not if you would qualify for CH7.

            Your unsecured creditors ONLY get the same amount they would receive in a CH7 as well - so basically everything that exceeds your exemptions. How much they receive is also based on your disposible income. If you don't make much money and have a negative disposable income, the creditors receive a few pennies on the dollar - at best.

            If your income is that high that you would have to repay the entire debt, you probably won't be able to file CH7 in the first place.
            Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
            FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
            FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

            Comment


              #7
              I have been told by 2 different attorneys you CANNOT do a loan modification on your second mortgage only your first if you plan to file for chapter 7! Nobody here has been able to verify if that is true or not. I keep posting the question but get no response.
              08-2009:Quit Paying Credit Cards
              04-2010:Hired 2nd Attorney;05-2010:Filed 7
              06-2010:341 Meeting (went very well)
              08-24-2010: Discharged; 09-02-2010 Closed!!

              Comment


                #8
                Originally posted by Ann View Post
                I have been told by 2 different attorneys you CANNOT do a loan modification on your second mortgage only your first if you plan to file for chapter 7! Nobody here has been able to verify if that is true or not. I keep posting the question but get no response.
                Now it's not quite correct that you didn't get a response...

                I don't see any reason why you shouldn't be able to modify ANY mortgage - no matter if first or second - if you are planning on CH7. As said before, just get the modification permanent BEFORE filing.

                If your attorney would be correct, wouldn't that mean that you couldn't file CH7 if you have a second mortgage? Sounds strange, right?

                We are talking about modifications PRIOR to filing and not about modifications by the BK itself, correct?
                Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
                FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
                FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

                Comment


                  #9
                  Originally posted by IBroke View Post
                  Now it's not quite correct that you didn't get a response...

                  I don't see any reason why you shouldn't be able to modify ANY mortgage - no matter if first or second - if you are planning on CH7. As said before, just get the modification permanent BEFORE filing.

                  If your attorney would be correct, wouldn't that mean that you couldn't file CH7 if you have a second mortgage? Sounds strange, right?

                  We are talking about modifications PRIOR to filing and not about modifications by the BK itself, correct?
                  I do NOT think that a bankruptcy filing is going to modify my second mortgage!!! Okay... lets say I CANNOT do a temporary modification with my second mortgage company... Is it possible to negotiate with them to lower my interest rate permanently if I explain to them I am filing a chapter 13 (with intentions of filing a 7) if they knew that the mortgage would be stripped anyway???? What do you suppose my outcome would be???
                  08-2009:Quit Paying Credit Cards
                  04-2010:Hired 2nd Attorney;05-2010:Filed 7
                  06-2010:341 Meeting (went very well)
                  08-24-2010: Discharged; 09-02-2010 Closed!!

                  Comment


                    #10
                    Originally posted by Ann View Post
                    I do NOT think that a bankruptcy filing is going to modify my second mortgage!!! Okay... lets say I CANNOT do a temporary modification with my second mortgage company... Is it possible to negotiate with them to lower my interest rate permanently if I explain to them I am filing a chapter 13 (with intentions of filing a 7) if they knew that the mortgage would be stripped anyway???? What do you suppose my outcome would be???
                    You can try; will it work?, probably not. Realize, you cannot waive your right to file a bankruptcy, so from their perspective, anything you say about filing or not filing BK is an empty promise; you can always file a BK 13 to strip the mortgage regardless of what they agree too.

                    Comment


                      #11
                      Originally posted by HHM View Post
                      You can try; will it work?, probably not. Realize, you cannot waive your right to file a bankruptcy, so from their perspective, anything you say about filing or not filing BK is an empty promise; you can always file a BK 13 to strip the mortgage regardless of what they agree too.
                      HHM, do you think it is a BAD idea to even discuss this with the bank about my intent to file? How about if they grant me the mod for the year BUT I make my normal payments? Reason? When they grant me this mod it will make me current on my loan which honestly is what I want to achieve here. Trying to catch up is a b****!!! Thanks for your input!
                      08-2009:Quit Paying Credit Cards
                      04-2010:Hired 2nd Attorney;05-2010:Filed 7
                      06-2010:341 Meeting (went very well)
                      08-24-2010: Discharged; 09-02-2010 Closed!!

                      Comment


                        #12
                        I have been trying to get my loan modified on my house since 4/09! They have given me the run around repeatedly. Finally I had no choice but to file my ch 7 on 8/6 because a judgement had been won and they were trying for wage garnishment. A week after I filed I received a Making Home Affordable package from my bank. Sent it back and its been a week and I have heard nothing. Its almost like UNTIL I filed bk they didnt believe me that I really needed the mod. I guess they figured that since I somehow managed to make the payment every month that I was just joking or something.

                        Now I have a friend who called her banks up and not only did they modifiy her first but they modified the second as well! Just like that over the phone. So the bottom line here is that all the banks are different. check out loansafe.org. you will see all sorts of stories! good luck!

                        Comment

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