I want to get one credit card to rebuild credit. What’s the best one right now. I hear Capital One is a really bad one. We filed chapter 7 after losing a business and get tons of offers. I don’t plan on using it other than to just keep a small balance and show good payment history. We are working on getting back into a house in the next year. We sold our house to avoid foreclosure and are currently renting.
I have bad credit with a foreclosure and bankruptcy. In the past my husband and I paid a company almost $1,500 to help us avoid foreclosure but they never accomplished anything. I would like to get some guidance on the best way to improve our credit.
I am considering a short sale on my home in order to avoid foreclosure, but before I proceed, I would like to know how it will affect my credit. Will it be as bad as a foreclosure? How long will it be before a bank will consider loaning me the money to buy another home?
My partner and I decided to buy together a home two years ago. He is unable to meet his financial obligations, and is considering to declare himself in bankruptcy. I can continue paying for my share, but definitely cannot pay for his. Is there any way I can escape from this loan without having a bad credit history? Any tips in how to avoid foreclosure or bankruptcy?
if I pay off my home by a sale before the Sherrif sale date for a public auction? I received a letter that gave me until Jan 2nd to pay off the mortgage or stop the foreclosure by a repayment plan or paying what I owe past due. If my house is sold before then and I pay it off, what will it reveal on my credit? A payoff? or a foreclosure?
In short. YES FOR BOTH.
Now, in long……
STOP GARNISHMENTS. EVEN BEFORE THEY START
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Filing bankruptcy can stop a garnishment immediately. If all funds that have been garnished have been properly exempted, the garnished funds can even be returned to the debtor.
When a bankruptcy is filed, a special provision of the bankruptcy code kicks in and stops all creditor action to collect a debt. The special provision of the bankruptcy code is Section 362 and is called “the Automatic Stay”. The Automatic Stay is a court order to all creditors to stop collecting debts immediately.
When a paycheck or bank account is garnished, money is taken from the paycheck or other account and held until a certain time when the money is supposed to be delivered to court and turned over to the creditor. The date that the creditor is supposed to pick up the garnished funds in court is often called “the return date”. If a bankruptcy is filed before the return date set for the garnishment, the garnishment is immediately stopped and the creditor cannot continue to collect the debt through the garnishment method.
An employer or bank that has been instructed to hold the garnished funds on behalf of the creditor will usually release all garnished funds to the debtor after the debtor has provided proof of bankruptcy filing. Usually, the bankruptcy attorney for the debtor will write a letter to the employer or bank and explain that the garnishment has been stopped by the filing of the bankruptcy and that the employer or bank should no longer withhold the funds from the paycheck or bank account.
Once notice has been given to an employer or bank regarding the bankruptcy filing, the employer or bank will then usually send all garnished funds that have been held to the bankruptcy trustee assigned to administer the debtor’s bankruptcy case. If the debtor, or debtor’s attorney, has successfully exempted the garnished funds on the bankruptcy petition, the bankruptcy trustee will “abandon” any interest in the funds and turn the funds over to the debtor.
Stopping a garnishment and recovering funds held pursuant to a garnishment can be very complicated. The process requires an expert knowledge of bankruptcy procedure and bankruptcy exemptions. Debtors should always consult with an experienced bankruptcy attorney concerning serious bankruptcy matters like stopping a garishment and recovering garnished funds.
FORECLOSURE
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Filing a Chapter 7 bankruptcy temporarily stalls your lender’s right to foreclosure, until it gets permission to go forward with the foreclosure proceedings. However, doing so could have other very serious consequences.
I caution you against falling for some of the schemes that have been developed that entice a homeowner who is facing foreclosure to transfer a portion of the title to his home to a third person, who then files for bankruptcy. While that may temporarily delay the foreclosure courts are getting wise to the scheme and the delay may be very temporary. Typically the homeowner pays large fees and loses his or her home anyway. Some of the people engaging in such schemes have also been charged with fraud.
If bankruptcy seems to be an option, consider a Chapter 13 or “wage earner” repayment bankruptcy as an alternative to a Chapter 7 straight bankruptcy. Under a Chapter 13 plan, it is possible to make up the missed payments out of your income through the repayment plan.
If you face foreclosure, bankruptcy may or may not make sense, depending on your other obligations and income sources, and the advice of an attorney will be very helpful.
I truly hope this has helped.
Enjoy your day,
Damon
I am not in foreclosure yet, but I recently lost my position and we have very little savings so I don’t know that I will be able to save my house. We just got into our home in July and then my company lost a major account and I was out of work. I am doing sales now, but that is commission based and slow to pay. I have no equity in my home per se, and i live in California. I guess I’m wondering with the market the way it is, it might be better to walk away and try again in a few years.
Call a realtor now and make sure they have short sale experience. How your mortgage is resolved is really depending on how much experience your realtor is. She/he will negotiate with the bank to figure out who this process will ultimately affect your credit. Keep making your payments on time. The majority of my clients have short sold in the last year with no adverse affect to their credit.
I am in need of refinancing our home. We are currently almost 2 months behind on our mortgages. We stopped the foreclosure in October but are headed that way again if we don’t find a way to refinance. When we stopped the foreclosure in October we thought it was paying for Novembers payment too but it wasn’t so we were behind a month again right off the bat. We have a first and second mortgage we want to consolidate them. We also have an adjustable rate mortgage that is killing our finances. We filed bankruptcy almost 7 years ago. This is my dream home and don’t plan on leaving it until I go in a box in the ground. If anyone knows anything that would help I would be very greatful.