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Get Out of Bankruptcy using Your Home Equity
Filing for bankruptcy will not always discharge your from all your debts. Now that the New Bankruptcy Law has taken effect, filing for bankruptcy is ever more difficult and complicated. Today, your bankruptcy attorney cannot advice you about which type of bankruptcy you should file. Even if you want to acquire a Chapter 7 bankruptcy and be released from all your debts, it will not be so easy.
Under the new bankruptcy law, the bankruptcy court judge will be the one to decide whether you can file for a Chapter 7 Bankruptcy and get discharged from your debts. First you have to go through a “means test” which calculates your income, your monthly expenses and your financial capability as a borrower. If you passed the test, thats the only time you can file for a Chapter 7 Bankruptcy. If you fail, the judge will require you to file for a Chapter 13 bankruptcy.
Getting Out Through Home Equity
A Chapter 13 bankruptcy will put you in a repayment plan, which means you still have to pay off your debts. However, through bankruptcy, your debts will be reduced and your creditors will be giving you a much lower interest. Under the bankruptcy provision, creditors can only impose up to 10% of interest rate to their debtors. Furthermore, the New Bankruptcy Law has made all repayment plans to be a mandatory five-year term. This gives you a better chance at getting out of your debts more easily.
If you filed for a Chapter 13 Bankruptcy, there is a way to make things even better for you. By using your home equity to repay your outstanding debts, you have the option to pay off your debts either in part or full payment. Acquiring for a home equity loan will also give you more time to pay off your debts. Inquire from your attorney about this option so that he can personally make the necessary preparations if you do decide to get a home equity loan. It is also interesting to note that a mortgage loan is a great way to rebuild your credit.
No Need to File for Bankruptcy
It is also worth asking if there really is a need for you to file for bankruptcy. Given the fact that the New Bankruptcy Reform Act has made the procedures more strict and more complicated, you might want to consider other options rather than filing for bankruptcy.
Since the Bankruptcy Law will require you to undergo credit counseling with an accredited agency six months before filing, the credit counseling agency can help you find a more appropriate solution to your debt problem. Here is where a home equity loan again comes as an option.
A home equity loan lets you borrow the money you need based upon the value of your home property. By paying your creditors with your home equity, you dont even have to file for bankruptcy. Again, it will give you more time to make repayments and it will save your credit report from the record of bankruptcy.
However, before you do apply for a home equity loan, find a lending company who will be willing to give you better rates. Keep in mind that a home equity loan uses your home as a security so be aware about your payment obligations.
Home Loan to Buy a New Home
When you decide that it is time to buy a new home, you have many different decisions to make. The biggest and most important of these is your home loan. Not many people can pay cash to buy a home so they rely on a Bank, Finance, and or Mortgage companies. When you go there you will fill out many papers and talk to a loan officer. You will be required to bring information with you such as pay stubs, tax returns, and credit reports. Most mortgage companies will run a credit report on any one who is going to be responsible for paying back the loan. A credit report shows your history of how well you have paid your debts in the past. Many people can’t obtain a loan because of a credit score that doesn’t fall within the guidelines set by the lender. Maybe you lost a job or got sick and were out of work, so you were late paying some of your bills. If this happens to you there are companies that can help get your credit back on track and then you can buy your home. When you find the lender you think offers a variety of good loan programs, you will make an appointment and get the ball rolling. This is a process that can take some time to complete. Most home loans are for a large sum of money so the bank will do it’s due diligent to make sure they are comfortable with your ability to repay the loan you are asking for. You will hear many terms that are new to you, so if you don’t understand something have your loan officer explain it to you. When you get a mortgage it is usually a long term arrangement between you and the bank, in some cases you will agree to make monthly payment on your loan for 30 years. In many ways you can say that the bank owns the house with you, yes it is your home, and they can’t tell you what color to paint your walls, or if you can have pets, however if you can’t pay your loan as agreed to they can take your home away form you. My talking to a well qualified mortgage professional, you can find the best type of loan, terms, and conditions so that one day the home will be all yours and your loan obligation will be fulfilled. Loan officers are there to help you get a home of your dreams that you can afford and be very happy owning for a lifetime.