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Chapter 7: house keep it or no?

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Anonymous
Not applicable

Chapter 7: house keep it or no?

My husband has finally gotten a real job but after 2 years of "borrowing from Peter to pay Paul" we are $20,000 deep in credit card debt, behind on the minimum payments and can't make those and CH 7 looks like our last option. We attempted to refinance our house  (our mortgage is with countrywide) and get $20,000 of our $30,000 equity to pay off the debts but due to late payments that was a no go.
 
My question is will it make it easier to get another mortgage later if we reaffirm now?We had been planning to sell and move closer to where I have taught for the past 5 years (a 45 minute commute) which would save A LOT of gas money each month, husbands commute would be the same as it is now. It's an old house (1890) that needs about 10,000 dollars of work and with today's market that would have to be done before we can sell for the appraisal, real estate is not selling around here so it will take at least a year to fix it and sell it at 880.00 a month (there are at least 5 houses on the market within a 3 block area and they have all been on the market for at least a year). More than likely if we reaffirm it, fix it and sell it in the end we'll use spend more than we'll make back in equity later. Would we be better off in the long run to let it go back go ahead and move to the town we want to and rent for two years? Oh...and how will the bankruptcy effect us getting a VA loan? We can't do anything about the past but now just want to make sure we make the right decision for our future.
 
Any advice would be greatly appreciated....I'm sure I will have more questions later but this is the big one right now! Smiley Sad
 
Thanks!!!!!!!!!!


Message Edited by mom2_4boys on 09-07-2008 01:49 PM
Message 1 of 8
7 REPLIES 7
Anonymous
Not applicable

Re: Chapter 7: house keep it or no?

I am not an BK expert-
 
If you are making decent money right now- they won't let you BK the revolving debt.
 
Call all of your creditors (you should have before falling behind on payment) ask them to waive late and over limit fees and give you a fresh start-
 
20K is not that much $ to get out from under-
 
Even a CH13 or Credit counsling sound like better options.
 
VA loan has similar requirments as FHA - need 2 years clean past BK.
Message 2 of 8
Anonymous
Not applicable

Re: Chapter 7: house keep it or no?

Thanks for the reply...guess I should have been more specific about the job thing, we are both teachers in Mississippi so neither of us really make a whole lot. I have tried talking to the credit card companies and the best offer I get is a reduced monthly payment that would stop anymore late fees but not the overlimit fees so all that would do is get us into more. Even when we add in my child support (200.00 a month) and my husbands national guard check each month we barely have enough to make our necessary bills (house, 1 car payment, utilities and car and health insurance) and have enough money left  over to put gas in for our commutes and buy groceries for our family of six.
 
It's hard to believe we've found ourselves here. When my husband returned from a one year tour in Iraq in 2005 we were debt free except our house, car, utilities and etc. He had one year left to finish his degree and we did fine then too due to his GI bill...unfortunately when he graduated in 5/06 he couldn't find a job with his degree (bachelors in physics with a minor in math and history) here, he even applied out of state and nothing...he took what he could find but that was tough because with the economy in small town mississippi jobs he was qualified for were now unavailable and the others (like factories) he was "over qualified." He finally got a construction job with a small local company but about 2 months into it the work got so slow that he only worked 1-3 days a week, sometimes not at all, for several months. On top of that I was put on bedrest this past February with high blood pressure during the last month of my pregnancy then had to have a c-section....that meant I was off work for 12 weeks and despite popular belief teachers (at least around here) do not get "paid maternity leave" after my 10 personal days were up I lost about $200.00 a day. When husband got his teaching job he had to 4 weeks of training classes since he wasn't an education major, his district paid his expenses but no salary and it was out of town so that meant 4 weeks of no work for him. Then to add just a little more stress my 5 year old got sick the week before school started and has spent 2 weeks in the local hospital here, 2 days in University of Alabama Birmingham Childrens Hospital and multiple trips to the hospital and doctors. He's been able to attend school 3 days the entire month of August and will have to go to the doctors weekly for the next three months to make sure his kidneys are not affected by the disease or steriods that he has to take to control the disease.
 
Believe me this was not an easy decision for us! Nor is it one we take lightly. Our saving graces this summer....1. at the height of the gas prices I was home for the summer so the mini-van was parked 2. Due to our income (or lack thereof) we qualified for WIC for my newborn and myself 3. Great insurance through the national guard, it's not free to us since he's not full time, but it's cheaper than most and the coverage is wonderful. 4. due to the birth of my son we hit our yearly maximum so until October 1 insurance is paying 100% of my 5 year olds treatment, of course come 10/1 we start over with the deductible and must start paying 20% of new bills.
 
I know this is long....I just don't want ANYONE to think that we are just trying to take the "easy way out" this house that we are contimplating on "giving up" was my mother's house that I grew up in. When she was killed in a car wreck in 2003 she had just refinanced it after a nasty divorce from my step-dad and had not even made the first payment....we chose to keep it at the time I think that I felt like it would help my brother, sister and I heal...as the oldest I was trying to "hold our family together" so my husband and I bought them out, refinanced it in our name. Now I see that maybe it was a bad decision made at a time of great grief.
Message 3 of 8
Anonymous
Not applicable

Re: Chapter 7: house keep it or no?

wow- I hope all the rough times are behind all of you -
 
I wish you and your family all the best.
Message 4 of 8
Anonymous
Not applicable

Re: Chapter 7: house keep it or no?

Thank you.
Message 5 of 8
BuckiRob
Established Member

Re: Chapter 7: house keep it or no?

You can do a means test to determine if you will qualify for Chapter 7    EVen if you make significantly above what the mean income for your area is, that does not automatically disqualifiy you from filing Chapter 7.
 
Frankly, you should find a good attorney and sit down with them to discuss what your options may make the most sense for your situation.
Message 6 of 8
Anonymous
Not applicable

Re: Chapter 7: house keep it or no?

Personally, I would try to keep your family home.
You just don't know how the economy is going to turn out. It's very sticky right now everywhere! Are you considering Renting?
Don't burn your bridges, and wish later how you should not have sold or lost your mother's home, because of bad financing. If you have to file for bankrupsy, can't you file a 13, instead of a 7?
 Yes, you will Repay some bad debt, like catching up on your morgage...through a trustee over a few years, but you can keep your home.
  Good luck, Pollyjuicegranny.
 


Message Edited by pollyjuicegranny on 09-24-2008 02:41 PM
Message 7 of 8
SmallTownGirl
Member

Re: Chapter 7: house keep it or no?

With the current housing market, I would advise keeping the home you are currently in. As you pointed out, you're unlikely to sell it. Surrendering it in bankruptcy leaves you to start from scratch with a rented residence.  Not helpful unless you can rent for significantly less than buying.  And, as I've recently discovered, it can be very tricky to get into a mortgage after filing bankruptcy. Three years of substantial, always on-time payments to a Ch 13 Trustee count for nothing to a lender.
 
If you can hang onto the house, that might be your best option right now. There's no way of knowing when/if the market will recover, and right now, lenders just aren't feeling generous. Understandable, but troublesome. Also, the government may be providing some help in the near future for homeowners like yourself.
10/19/08 .....EQ 647
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Message 8 of 8
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