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Can you file Bankruptcy on your home?
we have no credit cards, but have a bill from from the government that is insane that we are trying to pay off, in the mean time our mortgage jumped an extra 300.00 a month, can we just file bankruptcy on our home?
some of you are very helpful some of you are just smart asses...as FAR as us getting into this mess, I don't think so, Our mortgage company sold our account to another company and lost our escrow account and didn't notify us until AFTER a year. as far as the government bill it was unemployment that needs to be paid back. Just was wondering if we could of filed a chapter 7.
9 Answers
- SirdjrLv 79 years agoFavorite Answer
The answer to your question is yes. But I believe you are asking the wrong question.
When you file a bankruptcy you file on everything. You can't choose what you want to file bankruptcy on and what you don't. It's an 'all or nothing' deal. Even the bill from the government will be included. So, yes, you can file bankruptcy on your home. But that doesn't help you.
I believe what you are trying to find out is if filing a bankruptcy will help you alleviate some of the debt on your house. Unfortunately for you, the answer is no.
When you file a bankruptcy you include everything, then it's decided what to do with that stuff. For the house your viable options are:
- Surrender the house or
- reaffirm the mortgage. see 11 U.S.C. §524(c).
Surrendering the house means exactly what it sounds like. You give the house back to the lender and discharge any liability you have. Start saving boxes early.
reaffirming the mortgage means that you will need to reaffirm, in writing, your obligation to pay the mortgage on the house. By doing this you will be entering into a new contract after the filing of your bankruptcy.
So, you will file a bankruptcy then have to reaffirm your house (or face losing it) and things go on as before.
And, just like your house, the bill to the government will come out of bankruptcy the same as it went in. You will still owe it. You won't have to reaffirm that one though.
Bankruptcy isn't a good option for you. Sorry.
Good luck.
________
Source(s): Over 10 years of personal experience helping others file for bankruptcy protection. - Anonymous7 years ago
At this site you can find solutions from different companies: CREDIT-SOLUTIONS.INFO-
RE Can you file Bankruptcy on your home?
we have no credit cards, but have a bill from from the government that is insane that we are trying to pay off, in the mean time our mortgage jumped an extra 300.00 a month, can we just file bankruptcy on our home?
- kapnLv 79 years ago
Well.........if you have a bill from the government that is insane...........perhaps you were insane when you ask the government for the money.............I don't know what the bill is for but tons of college grads who love the arts or physiology have worthless degrees and an insane bill from the government for their student loans...........sorry.........if you go bankrupt you loose your home..........get a second job.........get a third job...........do what every...........you got yourself into this mess...........get yourself out..................
- STEVEN FLv 79 years ago
You file bankruptcy on your DEBTS. That means ALL your debts, including any mortgage on your home. In the case of a secured debt, such as your home mortgage, you can't discharge the debt without giving up the asset that secures the debt. MOST debts to the government don't go away in bankruptcy.
You are most likely better of SELLING the home. If it won't sell for enough to pay off the mortgage, talk to a Realtor about a short sale. That means you get the best offer you can, and convince the bank to accept it as full settlement on the grounds they won't get any more if they foreclose.
- Anonymous9 years ago
I don't have bank file in my home.
- ?Lv 44 years ago
No, you will no longer qualify for any form of non-public loan very own loan with a modern-day financial ruin. The foreclosure is long adequate interior the previous to no longer be a controversy, yet that would not follow to the financial ruin.