Bankruptcy vs. Trustee Delay Challenge
Avoid Filing Bankruptcy-Things are changing quickly!
Thousands of homeowners have turned to bankruptcy as a temporary stay in their homes. The sad part about this is that these homeowners only get an additional 15-22 days then the house is back on the auction block AND they now have a bankruptcy on their credit. Finding a desirable place to rent when you have both a BK and Foreclosure on your credit can be very difficult and extremely expensive. If you are only filing BK to stop the foreclosure process, a Trustee challenge is a much better alternative.
Already Filed Bankruptcy?
A Trustee challenge is still available to homeowners who have filed a BK to temporarily stop the foreclosure and now the sale date is reposted. We can help delay these clients auction date an average of 3 - 8 months.
Chapter 7 Bankruptcy – 15-22 day Delay
Banks are very aware that many homeowners are filing Chapter 7 Bankruptcy to delay their foreclosure. When filed, a Ch 7 will put an automatic Stay on all of your debts. That means that no creditors can proceed with debt collection. Therefore, immediately after the bank is notified of the filing they send their legal team to court to file a motion to lift the stay. Most banks are doing this so fast that the stay only keeps the homeowner in their house for 30 – 45 more days. As soon as the stay is lifted, your house is back on the auction block and you now have a bankruptcy on your record and likely will be calling us anyway.
Chapter 13 – 40 -60 day Delay
Similar to Chapter 7, when a Chapter 13 is filed it will stop creditors from collecting debts immediately. The difference is that Chapter 13s are the reorganization of debts. This will buy the homeowner a few more weeks, but the banks will still file a motion to lift the stay. Homeowners who are this delinquent are at a disadvantage in court against a valid creditor who has not been paid in an excessive amount of time. Again, as soon as the stay is lifted your house is back on the auction block and you now have a bankruptcy on your record
.Trustee Sale Challenge – Month Delay
6 months 15 days is the fastest any homeowner has lost their house in this program with the longest being 3 years and 4 months. You will not have a bankruptcy on your record and can still work out a modification or short sale while in the program. It’s not cheap, but it’s way cheaper than the alternative of having the home sold out from underneath us before a sale or a non-deficiency agreement with the lenders was completed (for a short sale).
Credit Damage Incurred
Filing any type of bankruptcy will have very strong consequences. Homeowners who file just to prolong the sale of their house disqualify from filing again for 7 years (in a Ch. 7). Therefore, you are vulnerable for that entire period. What happens if there is some medical emergency that incurs tremendous bills? You will not be able to protect yourself against getting your wages garnished. No matter what the debt or situation, you are no longer allowed to protect yourself because you used your ‘free pass’ on your foreclosure, which could have been handled much differently.
Also, many companies pull credit and might not hire a candidate with a Bankruptcy on their record. In today’s job market, can anyone afford such a big disadvantage?
Trustee Sale Challenge
While in the program, you are likely to be getting revolving mortgage lates until a solution has taken place, whether it is foreclosure, short sale, fair market sale, modification or reinstatement.
Chapter 7 Bankruptcy wipes the slate clean for people who qualify (qualifying for a BK is now tougher than ever). When approved, most debts can be released. This is a good choice for homeowners with a lot of unsecured debt (credit cards, personal loans…). Your mortgage is secured by your home, meaning that even after bankruptcy is filed they can still take your property. So the financial benefits only include removing unsecured debt.
Chapter 13 is reorganization of debts. The judge is going to work with yourself and your creditors to plan out an acceptable repayment plan to all of them. Often the property will be removed from the BK as the delinquency is extreme and it is a secured loan. This is not a great option for homeowners looking to buy time.
Trustee Sale Challenge
While you are employing a Trustee Sale Challenge to verify the legality of your foreclosure proceedings, you live in your house for a fraction of what your mortgage or rent would be. During this time you can save money to buy another place in the future. You can get into a debt settlement program and remove all of your unsecured debts without filing bankruptcy. It is your savings to do with what you please. This won’t stop an eventual sale though, just delay it for months.
Call Today! (949)489-0436
Keep Me In My Home is in no way trying to permanently prevent foreclosure. At no point will Keep Me In My Home be contacting your lender or giving you advice on how to prevent your foreclosure. Keep Me In My Home is simply working at the trustee level to delay the trustee sale of our client’s properties. We are not offering any legal advice nor representing you in any way. We advise clients to consult their local tax attorney or professional. Keep Me In My Home is not collecting any advanced fees, as services are provided prior to Keep Me In My Home being paid. Keep Me In My Home has no guarantees that it will delay your sale, although no home has been lost in the first 6 months in the program. Keep Me In My Home should be used as the last resort for anyone who intends to keep their home after exhausting all other avenues.
All clients realize that THEIR HOUSE CAN BE FORECLOSED ON WHILE IN THIS SERVICE.