Can Chapter 13 bankruptcy help with a mortgage modification?

December 24, 2019

Can Chapter 13 bankruptcy help with a mortgage modification?. Life After Bankruptcy

Can Chapter 13 bankruptcy help with a mortgage modification? video duration 3 Minute(s) 33 Second(s), published by LawTube on 30 04 2018 - 14:58:33.

Attorney Jim Monroe discusses how a Chapter 13 bankruptcy can help with a mortgage modification
https://www.youtube.com/user/lawtubechannel to subscribe No, you don't get your house for free
It can be confusing, however, because when we file for bankruptcy our debts are listed so that they can be discharged.

There are many myths about buying a home after bankruptcy or foreclosure
There are a lot of questions around that topic
Can I get a mortgage after being Please forward this to anyone you care about who has filed for bankruptcy
Many Canadians find themselves bogged down with a bad credit rating for the wrong Please forward this to anyone you care about who has filed for bankruptcy
Many Canadians find themselves bogged down with a bad credit rating for the wrong .

Attorney Jim Monroe discusses how a Chapter 13 bankruptcy can help with a mortgage modification.

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Attorney Tom Olsen is host of the Olsen on Law Radio Show on FM 96.5 WDBO in Orlando. You can reach Tom at 407-423-5561 or tom@olsenlawgroup.com. Tom has been answering legal questions on his radio show for over 30 years and has been practicing law in Orlando, Florida for over 30 years. Also, TEXT or call Chrissy Merrill at 407-808-8398 with your legal questions.

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Transcript:

Attorney Tom Olsen: Mary, you're on News 96.5, go ahead.
Mary: Yes. I have a $500,000 mortgage on my house. I've tried a couple of times with Bank of America to modify it they've denied me. I own property free and clear which is just like 310-acre parcels with double wires and some watch. My question is if Bank of America denies me for a third time, am I able to go to chapter 13 and maybe help me get this thing? Where I can afford it. The payments are going to jump in June to $5,000 a month from 1,700. My interest only loan ends after 10 years and that's my question. I'm kind of having a hard time here.
Attorney Tom Olsen: Mary, you need to modify your mortgage so that your payments are less. Your question is can bankruptcy help you with that? What do you think, Jim?
Attorney Jim Monroe: Well
Mary: Chapter 13, yes.
Attorney Jim Monroe: Chapter 13 bankruptcy. Well, I can tell you that Congress, when they amended the code, decided that you can't really modify mortgage loans on personal residences. However, there are independent programs that allow you to modify. When you get inside of a chapter 13, all of the sudden Bank of America, whoever holds the mortgage has to become serious because the bankruptcy judges, when they order a mediation, they tell them that they have to come to the table.
In addition to that, we have learned that sometimes banks lose the information that you send them over and over again trying to modify your mortgage. In bankruptcy, we have a system where we upload it into a Dropbox. They cannot say that they haven't received it and they've been deemed to have received it. Then you go to a mediation and like I said before they've got to have somebody there with the settlement Authority.
Although we can't impose a modification because the way the Bankruptcy Code is written for a personal residence. I want to distinguish that because any rental property we can impose some differences. Modify the mortgages, adjust the mortgage down to fit the value of the property. Adjust the terms of the mortgage and some other things but on somebody's home, we're not allowed to.
As I said before, there are some programs out there where Congress has instituted some modification programs for you. I would encourage you probably to call the office and come in and just chat with us. Cynthia Lewis who is an attorney and my partner and also an accountant and also deals a lot with these modification programs.
Attorney Tom Olsen: Right, Jim, tell listeners how they can reach your office in Orlando?
Attorney Jim Monroe: You can call my law firm at 407 872 7447. Again, that's 407 872 7447. You can also call Tom Olsen's office. He knows where my office is.
Attorney Tom Olsen: Yes. We know how to reach you.

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