New Federal Loan Modification Rules To Now Work With Chapter 13 Bankruptcy Laws

As with chapter 13 bankruptcy, FHA regulations demand a full explanation to be submitted with the FHA home loan application. To get a new FHA insured mortgage loan after Chapter 7, the borrower must qualify financially, establish a history of good credit in the wake of the filing of the Chapter 7, and meet other FHA requirements.

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Impact of Post-Bankruptcy Loan Modification Since the Bankruptcy discharge eliminated the borrowers "obligations" under the Note, there is no obligation left to modify. If, however, the borrower and lender enter a Modification Agreement, the terms would likely express either a reaffirmation of the debt or, alternatively, a new promise to pay.

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Applying for a Mortgage Modification. You’ll have to present your modification to the bankruptcy judge for approval. Most judges will approve the plan if the new terms are reasonable. Next, you’ll propose a new chapter 13 payment plan that removes the mortgage arrearages and any other debt included in the new mortgage, like past due property taxes.

Under FHA Guidelines On Chapter 13 Bankruptcy, Qualifying For FHA Loan During Chapter 13 Bankruptcy can be done during the repayment plan. borrowers can qualify for FHA Loans during a Chapter 13 Bankruptcy Repayment Plan and do not need to wait until it is discharged.

President, San Antonio Chapter of the Federal Bar Association, 1996-1998. Mr. Peake was appointed chapter 13 trustee, for the Southern District of.. the Code . If no motion is filed by the day before the new amount is due, the change.. Loan Modification Program for Chapter 13 Cases in the Northern District of Texas .

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We’ve had a number of reader questions in our comments section recently asking about scenarios for loan approval that involve bankruptcy and related issues. Can a borrower get a new FHA loan following a bankruptcy? Under what conditions? FHA loan rules in HUD 4000.1 address this issue with separate entries for Chapter 7 and Chapter 13.

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