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Considering bankruptcy - any advice?

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Anonymous
Not applicable

Considering bankruptcy - any advice?

Hi there,

I am new to this forum, found it after looking at the options that I have to pull myself out of what feels like a black hole.

 

Right now my average score is 618. My total debt is approximately $10,000. That isn't much debt for a BK but I am disabled and live on a fixed income. My credit cards are all toting balances that are around 90% of their limits, though there are no late payments/collections. 

 

I purchased a home in Feb 2014, and if I can figure out how to pull through to Feb 2015 I can get a second mortgage and consolidate my debt. Problem is that I am using up my savings and have all but depleted it at this point.

 

If I do file a BK I will reaffirm my home and auto loans, so I should still have good payment history reporting to help rebuild.

 

Can anyone tell me I would be better off filing a BK or something else? Does anyone know of a way of getting a consolidation loan that is unsecured or secured with the house (an unseasoned mortgage)?

 

I appreciate your help!

Message 1 of 8
7 REPLIES 7
StartingOver10
Moderator Emerita

Re: Considering bankruptcy - any advice?

Do something else - don't file BK.

Average scores don't have any meaning in the credit score world. There are all kinds of scoring formulas. Where did you get your scores from? If you are looking to file BK the scores should be the last thing on your mind.

 

You just bought a home a few months ago, Feb 2014. That means your very first payment wasn't due until April 2014.  It is now August so you have only made 4 payments.  Has something major happened in the last four months? Filing BK during the first year of your mortgage would be a major issue for you as it would be considered a default under your mortgage terms (read the note and mortgage and you will see it). 

 

You may not (most likely not) be able to reaffirm the mortgage at all. Especially since it will be a first year default. They will make the originating lender take back the loan and f/c on you.  You would be better off selling the property if you can't handle the payments.

 

Even if the judge allowed a reaffirmation, which is doubtful, the lender probably would NOT continue to report your payments to the CRAs. There is no obligation at all for the lender to report your payments after a BK.

 

Same thing with your auto loan. Even if the judge allowed the reaffirmation, there is no guarantee that the lender would continue to report the payments. This varies from lender to lender.

 

You would be better off, if the issue is your $10k of debt, reworking your budget. Go to daveramsey.com to get help there on reworking your budget. 

 

Or rent out a room in your house until you get back on your feet. Sell off any extra things you have to apply toward the debt.  Contact your credit card companies and work out a hardship arrangement.  Sell your car/auto and buy one without payments. Usually your car payment is the largest payment after your house payment and this is probably the thing that causes most budget shortfalls IME. 

 

I am serious. There are many things you can do to work out your problem, but filing BK is not one of them - because you will lose your house over it.

Message 2 of 8
StartingOver10
Moderator Emerita

Re: Considering bankruptcy - any advice?

One more point - if you default within the first year of your mortgage (any default of the mortgage including filing BK) they will review your loan docs and application with a fine tooth comb. They will be looking for mortgage fraud. The theory is this:  if you get a mortgage and can't handle it within the first 12 months then there must have been fraud in the application.

 

Don't risk this. It is a very serious matter.

Message 3 of 8
0REDSOX7
Valued Contributor

Re: Considering bankruptcy - any advice?

Man - I had no idea about that.  Thanks for sharing that.  Good to know.

BK Discharge 2/11/14

Currently in the garden.
Message 4 of 8
Anonymous
Not applicable

Re: Considering bankruptcy - any advice?

Oh my gosh! This is so scary.

 

My loan docs were legit, I was honest, and I got my scores from a couple of credit cards that I have that offer FICO scores.

 

My husband died right before I moved (across country) and bought the house. It was like things just kind of collapsed. I had to take out credit to replace some major appliances and then accrued some medical bills and it put me in an upside down position. Paying all my credit obligations puts me a couple of hundred dollars over what I bring in, without including food. And now my daughter is in preschool, so that is costing another $120 per month just in gas.

 

I am tired, I am becoming depressed - I need to do something.

Message 5 of 8
Anonymous
Not applicable

Re: Considering bankruptcy - any advice?


@0REDSOX7 wrote:

Man - I had no idea about that.  Thanks for sharing that.  Good to know.


I know it! I am now terrified. I was thinking that I would be okay if I had the house and my truck.

 

My mortgage is less than my previous rent (just a hair less) and my truck is leased, with 2 years to go.

Message 6 of 8
StartingOver10
Moderator Emerita

Re: Considering bankruptcy - any advice?

Yes, most lenders now have a QC department (Quality Control) that the file has to go through before the loan is funded. It is their job to find the fraud before it closes -but naturally sometimes they miss it.

 

So you better believe that when they have a mortgage they have to buy back due to a first year default, there is going to be a huge investigation of the file.

 

None of this info is discussed with the client that applies for a mortgage because when the client signs an application, they are allowing the lender to do whatever due diligence they need to do to approve or disapprove the mortgage loan.

 

 

Message 7 of 8
StartingOver10
Moderator Emerita

Re: Considering bankruptcy - any advice?


@Anonymous wrote:

@0REDSOX7 wrote:

Man - I had no idea about that.  Thanks for sharing that.  Good to know.


I know it! I am now terrified. I was thinking that I would be okay if I had the house and my truck.

 

My mortgage is less than my previous rent (just a hair less) and my truck is leased, with 2 years to go.


Tell us about the other debt - it is far better to let the other debt go (if you have to) than to file bk in your particular circumstances.

 

How much is your vehicle lease?

what is the make, model and year?

 

Name each debt you have and the amount due.

 

Have you put together a written budget yet? That is one very good way to find out where the "holes" in your budget are located.  True example:  my youngest (26 yrs old) was spending a fortune on her cup of coffee every day. She didn't believe it until I showed her the monthly and yearly cost of that stupid cup of coffee. There are lots of things that cause overages. It is pretty easy to get overwhelmed by small expenses (fast food, excess groceries, cable, internet, etc). 

 

Really consider renting out a room and doing something with your vehicle to get back on track.

Message 8 of 8
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