mortgage liens

Home Mortgages and Bankruptcy

Filing for bankruptcy no longer creates obstacles for a future home buyer. Instead, many mortgage lenders have relaxed requirements so that even individuals who file for bankruptcy are able to obtain a home more quickly than ever before. The following will discuss some available mortgage loans and how they are affected by the bankruptcy process. Federal Housing Authority (FHA) Loans FHA loans are federally-insured loans and are attractive to many because they allow a buyer to put down only 3.5% of the home’s purchase price. The credit score limits for these loans are also much more generous than other types of conventional loans. In many cases following a Chapter 7 bankruptcy, a person will be required to wait two years to obtain this type of loan. If a person opens a new credit account after filing for bankruptcy, he or she will often be required to make payments on time to establish a good credit history. Other individuals decide to speed up the qualification process by not opening any credit accounts following bankruptcy. Instead, if a person is able to demonstrate that filing for bankruptcy was beyond his or her control, it is possible to reduce the waiting period to [...]

2019-03-23T18:22:51+00:00Tags: , , , |

Eliminating Mortgage Liens Through Bankruptcy

Some people are able to eliminate mortgage liens on their house during bankruptcy in a process referred to as “lien stripping.” It is important for people to know that lien stripping for most liens is only available through Chapter 13 and not Chapter 7 bankruptcy. To strip a lien, it is also required that the amount is not a first portion mortgage and that the value of the house is less than the payoff of the first mortgage. The Different Liens and Which Bankruptcy Chapters Apply There are three different types of liens that a person might want to strip, which include the following: Judicial liens arise from judgments in law suits. Statutory liens encompassed tax liens and property tax liens. Voluntary liens encompass deeds of trust, home equity lines of credit, and mortgages. The only liens that can be stripped through Chapter 7 bankruptcy are judicial liens. If a person files for Chapter 7 bankruptcy and wants to keep a house or other asset, he or she will be required to repay all loans secured by the house even if a loan is underwater. In Chapter 13 bankruptcy, every kind of lien can be reduced to the value of [...]