Is It Better to File for Bankruptcy Before or After My Home is Foreclosed?

Are you preparing to file for bankruptcy while also facing foreclosure? The ideal order of these events depends on what you want to do with your home. Learn the benefits and drawbacks of both options to help you make the best decision.

File Before Foreclosure If…

  • You plan to negotiate a loan modification. In bankruptcy, an automatic stay freezes all collection activity against you. As a result, your foreclosure pauses temporarily, giving you time to negotiate a loan modification. Having your other debts discharged could make the bank more likely to approve your loan modification, allowing you to keep your home.
  • You want peace of mind. Bankruptcy eliminates most types of debt, including mortgage deficiencies. This is the difference between the balance on your home loan and the sale price. By filing before foreclosure, you have peace of mind that, even if your loan modification isn’t approved, you won’t have a lingering deficiency balance once the foreclosure is complete.
  • You want more time in your home. The automatic stay prevents a pending foreclosure from moving forward, which gives you more time to make new living arrangements once the lender sells your house.
  • You’re looking at Chapter 13 bankruptcy. With Chapter 13, you repay most of your debt over a three- to five-year period in exchange for keeping your property. At the end of the repayment plan, any remaining debt is forgiven. This means you’ll be caught up with your mortgage again and can avoid foreclosure.

File After Foreclosure If…

  • You want to avoid HOA dues. At foreclosure, you may be liable for homeowner’s association dues, code violation fines, or other charges related to your home. By waiting to file for bankruptcy until after these dues have been assessed during foreclosure, you can avoid paying them because bankruptcy wipes them out.
  • You want to keep more of your other assets. The law allows debtors to keep more of their belongings if they don’t own a home. Therefore, it may be advantageous to wait until after foreclosure to file if other nonexempt assets are more important to you than your home.
  • You are only filing bankruptcy to avoid a deficiency. Bankruptcy wipes out mortgage deficiencies no matter when you file, but this isn’t the only way to avoid liability. If this is your only reason for filing, hold off until after the foreclosure to see if state laws, waivers, or lack of collection attempts prevent you from owing a deficiency.

You can’t always time your bankruptcy filing with your home’s foreclosure. After all, factors such as wage garnishments, lawsuits, and other immediate threats to your money or assets also come into play. Your best option is to work with a bankruptcy lawyer to help you consider the best time to file based on your entire financial picture. Request a free bankruptcy evaluation with Cutler & Associates to learn more about timing your bankruptcy correctly.

Related Posts

Archive

August 2024

May 2024

April 2024

March 2024

February 2024

January 2024

December 2023

November 2023

October 2023

September 2023

August 2023

July 2023

June 2023

May 2023

April 2023

February 2023

January 2023

November 2022

October 2022

September 2022

August 2022

May 2022

April 2022

March 2022

February 2022

January 2022

December 2021

November 2021

October 2021

September 2021

August 2021

July 2021

June 2021

May 2021

April 2021

March 2021

February 2021

January 2021

December 2020

October 2020

September 2020

July 2020

June 2020

May 2020

April 2020

March 2020

February 2020

January 2020

December 2019

November 2019

October 2019

September 2019

August 2019

July 2019

June 2019

May 2019

April 2019

March 2019

February 2019

January 2019

December 2018

November 2018

October 2018

September 2018

August 2018

July 2018

June 2018

May 2018

April 2018

March 2018

February 2018

January 2018

November 2017

October 2017

September 2017

August 2017

July 2017

June 2017

May 2017

April 2017

March 2017

February 2017

January 2017

December 2016

November 2016

October 2016

September 2016

August 2016

July 2016

June 2016

May 2016

April 2016

March 2016

February 2016

January 2016

December 2015

November 2015

October 2015

July 2015

June 2015

May 2015

April 2015

March 2015

February 2015

January 2015

December 2014

November 2014

October 2014

September 2014

August 2014

July 2014

June 2014

May 2014

April 2014

March 2014

February 2014

January 2014

December 2013

November 2013

October 2013

September 2013

August 2013

July 2013

June 2013

May 2013

April 2013

March 2013

February 2013

January 2013

December 2012

November 2012

October 2012

September 2012

August 2012

July 2012

June 2012

May 2012

April 2012

March 2012

February 2012

January 2012

December 2011

November 2011

October 2011

September 2011

August 2011

July 2011

June 2011

May 2011

April 2011

March 2011

February 2011

January 2011

Categories