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Motion to obtain a mortgage while in CH 13.........Nervous for the outcome

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TRC_WA
Senior Contributor

Re: Motion to obtain a mortgage while in CH 13.........Nervous for the outcome


@Anonymous wrote:


 



Bstone, I actually have not asked. I have an appointment to see my bankruptcy attorney this upcoming Monday. I'm in the exact same situation. I need to raise my score a bit to qualify for an FHA mortgage, but I cannot do so without a few revolving accounts. I'm going to see my attorney to see what my options are. I've been looking at the option of converting to a Chapter 7. I honestly am not sure of what to do.


Yeah we went over in your other thread why I don't think it's a good idea to convert to a 7 when you are 2 years into a 13 payment plan.

 

At the same time (quoting my attorney) the trustee is not your friend.  Getting an unsecured CC approval isn't likely. 

 

Keep us posted...

FICO8 current as of : 4-17-24 EQ: 724 TU: 707 EX: 706
Hard INQs last 12 months: EQ: 5 | TU: 8 | EX: 9
Verizon Visa $8500 Amex Delta Reserve $10,000 Care Credit $18,000
NFCU CashRewards $7500 Apple Card $7000 Best Buy $8000 Amazon $5000
NFCU auto loan (2022 Ford Bronco Sport Badlands - Cactus Gray) 6.95%
NFCU motorcycle loan (2024 Harley Davidson Road Glide - Alpine Green & Chrome) 9.45%
Total CL: $64,000 --- Total CC UTI: 27% --- AAoA: 5.5 years --- Income: $200k
Last app: 4-6-24
Message 21 of 28
Anonymous
Not applicable

Re: Motion to obtain a mortgage while in CH 13.........Nervous for the outcome

That's what I know. I almost feel as if I'm trapped in credit purgatory for the next few years. Scores are too low to do anything. I'm paying something on my debt, yet it almost feels like you are penalized for it. I have an associate who filed chapter 7 and got an auto loan/unsecured card a few weeks post discharge. This is someone who had over 30K in CC debt. I seriously had less than 4k in unsecured debt. My paralegal has told me that it is too early to pay off, as they typically won't discharge unsecured debt until 36 months in.

Message 22 of 28
TRC_WA
Senior Contributor

Re: Motion to obtain a mortgage while in CH 13.........Nervous for the outcome


@Anonymous wrote:

That's what I know. I almost feel as if I'm trapped in credit purgatory for the next few years. Scores are too low to do anything. I'm paying something on my debt, yet it almost feels like you are penalized for it. I have an associate who filed chapter 7 and got an auto loan/unsecured card a few weeks post discharge. This is someone who had over 30K in CC debt. I seriously had less than 4k in unsecured debt. My paralegal has told me that it is too early to pay off, as they typically won't discharge unsecured debt until 36 months in.


Welcome to my world! 

 

I know EXACTLY how you feel!

 

That's why I vent like I do sometimes... because I want to know how exactly I can spend 4 years paying back over half my debt and get a discharge and in 2 years have $60k in credit... but someone who has pretty much my same income can file a BK7, burn everyone... and have over $120k of new credit... IN 18 MONTHS.

 

I'll be the first to say the system sucks... it's not fair... but lots of things in life aren't.  Are you penalized for a Ch 13?  Sure feels like it doesn't it?  It's almost as if NOT paying back your creditors is looked upon more favorably! What a crock!  I don't blame the individual though I blame the system... it's still too easy to file a Chapter 7.

 

That's how I feel about it... and if people don't like my opinion I don't care.  I've still got my pride... and don't come home to a house full of stuff I haven't paid for like some people do.  Smiley Wink

FICO8 current as of : 4-17-24 EQ: 724 TU: 707 EX: 706
Hard INQs last 12 months: EQ: 5 | TU: 8 | EX: 9
Verizon Visa $8500 Amex Delta Reserve $10,000 Care Credit $18,000
NFCU CashRewards $7500 Apple Card $7000 Best Buy $8000 Amazon $5000
NFCU auto loan (2022 Ford Bronco Sport Badlands - Cactus Gray) 6.95%
NFCU motorcycle loan (2024 Harley Davidson Road Glide - Alpine Green & Chrome) 9.45%
Total CL: $64,000 --- Total CC UTI: 27% --- AAoA: 5.5 years --- Income: $200k
Last app: 4-6-24
Message 23 of 28
Anonymous
Not applicable

Re: Motion to obtain a mortgage while in CH 13.........Nervous for the outcome


@TRC_WA wrote:

@Anonymous wrote:

That's what I know. I almost feel as if I'm trapped in credit purgatory for the next few years. Scores are too low to do anything. I'm paying something on my debt, yet it almost feels like you are penalized for it. I have an associate who filed chapter 7 and got an auto loan/unsecured card a few weeks post discharge. This is someone who had over 30K in CC debt. I seriously had less than 4k in unsecured debt. My paralegal has told me that it is too early to pay off, as they typically won't discharge unsecured debt until 36 months in.


Welcome to my world! 

 

I know EXACTLY how you feel!

 

That's why I vent like I do sometimes... because I want to know how exactly I can spend 4 years paying back over half my debt and get a discharge and in 2 years have $60k in credit... but someone who has pretty much my same income can file a BK7, burn everyone... and have over $120k of new credit... IN 18 MONTHS.

 

I'll be the first to say the system sucks... it's not fair... but lots of things in life aren't.  Are you penalized for a Ch 13?  Sure feels like it doesn't it?  It's almost as if NOT paying back your creditors is looked upon more favorably! What a crock!  I don't blame the individual though I blame the system... it's still too easy to file a Chapter 7.

 

That's how I feel about it... and if people don't like my opinion I don't care.  I've still got my pride... and don't come home to a house full of stuff I haven't paid for like some people do.  Smiley Wink


I agree. I have an older person I know that used to cycle before the means test...and still does to a certain extent. File 7>>>discharge>>>rebuild>>>tons of unsecured credit>>>>max it out>>>file chapter 7 again. Nevermind the fact that, with Chapter 7, you are good in a few months. With Chapter 13, you pay a payment for 3 to 5 years. So, not only can you not rebuild, but you actually pay more out!! 

 

I really wished I'd have filed a chapter 7 and just let my vehicle go. I could have bought something cash until I was back on my feet. Hell, with the "700 in 24 months" guide, I probably would have been gtg in about 12-18 months. Now I'm two years in. Can't pay it off, yet. Can't rebuild credit. Still making making monthly payments.

 

I had a divorce and job loss happen within 8 months of eachother. Bankruptcy was a way for me to regain my footing and start to get my life back in order financially. If I would have filed the 7, I probably would have been on easy street by now. It is beyind frustrating...

Message 24 of 28
TRC_WA
Senior Contributor

Re: Motion to obtain a mortgage while in CH 13.........Nervous for the outcome


@Anonymous wrote:

 


I agree. I have an older person I know that used to cycle before the means test...and still does to a certain extent. File 7>>>discharge>>>rebuild>>>tons of unsecured credit>>>>max it out>>>file chapter 7 again. Nevermind the fact that, with Chapter 7, you are good in a few months. With Chapter 13, you pay a payment for 3 to 5 years. So, not only can you not rebuild, but you actually pay more out!! 

 

I really wished I'd have filed a chapter 7 and just let my vehicle go. I could have bought something cash until I was back on my feet. Hell, with the "700 in 24 months" guide, I probably would have been gtg in about 12-18 months. Now I'm two years in. Can't pay it off, yet. Can't rebuild credit. Still making making monthly payments.

 

I had a divorce and job loss happen within 8 months of eachother. Bankruptcy was a way for me to regain my footing and start to get my life back in order financially. If I would have filed the 7, I probably would have been on easy street by now. It is beyind frustrating...


I understand your frustration.

 

The system is abused... much like welfare and other programs that give "free money."  Not by everyone of course but anything like this is gonna have the freeloaders. 

 

I can go on and on with the rant but I'd rather not...  tired of talking about it. 

 

Good luck.

FICO8 current as of : 4-17-24 EQ: 724 TU: 707 EX: 706
Hard INQs last 12 months: EQ: 5 | TU: 8 | EX: 9
Verizon Visa $8500 Amex Delta Reserve $10,000 Care Credit $18,000
NFCU CashRewards $7500 Apple Card $7000 Best Buy $8000 Amazon $5000
NFCU auto loan (2022 Ford Bronco Sport Badlands - Cactus Gray) 6.95%
NFCU motorcycle loan (2024 Harley Davidson Road Glide - Alpine Green & Chrome) 9.45%
Total CL: $64,000 --- Total CC UTI: 27% --- AAoA: 5.5 years --- Income: $200k
Last app: 4-6-24
Message 25 of 28
Its_Me
Regular Contributor

Re: Motion to obtain a mortgage while in CH 13.........Nervous for the outcome

I was fortunate that I had the ability to rebuild a little while in chapter 13 on a 5 year plan. The rules of the trustee in the district I filed state that you can't obtain any new debt over $1000 without trustee approval unless it is an emergency. I started with a couple low balance cards, the first one 3 years ago. We actually paid off our chapter 13 about 6 months early (June 2014). I was able to get a Barclays card 1 month after paying off the 13. I have no idea what my scores were before during and immediately after discharge but I have a Transunion FICO mortgage score of 686 as reported from DCU. It seems strange that the rules differ from trustee to trustee.

 

 

Message 26 of 28
Anonymous
Not applicable

Re: Motion to obtain a mortgage while in CH 13.........Nervous for the outcome

This is giving me lots of hope! i'm renting and wanted to buy a home before deciding to file for chapter 13 but  my attorney said that i should be able to purchase. i'm in a small studio loft and paying a ridiculous amount, i wanted to move into a larger 1 bdrm unit but frowned at the 1250/1300 price tag, plus water/sewer/trash. no thanks. How did you increase your score while in Chapter 13??

Message 27 of 28
Anonymous
Not applicable

Re: Motion to obtain a mortgage while in CH 13.........Nervous for the outcome

I am exact same predicament. I'm not sure what to do...I'm up for renewal in May i'm dreading my renewal notice. My apartment said it could be anywhere for a 6-18/% increase.  i've been doing a little internet research and its really not clear.  Good luck - if you find any info, please share.

Message 28 of 28
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