Bankruptcy Law/saving my home throough bankruptcy
Expert: Terry Leeders - 4/13/2008
QuestionI am a 100% disabled veteran due to combat connected disability. My disability status was just upgraded to 100% by the VA.
I had to leave my job last April due to exacerbation of my disability from a job related incident.
I got way behind on my mortgage and even though I communicated with Countrywide, paid what I could they have put me in foreclosure.
I now have the ability to make the mortgage payments but not the 15,000 in back payments.
They have turned ugly and will not accept anything less than all that I owe to bring the account current.
I am seeing a bankruptcy attorney This coming Tuesday. She said the bankruptcy can stop the foreclosure and since I can now make the payments, the judge should be able to do something so I don't lose my home.
I offered Countrywide to set up a separate account so my benefit money will come to the bank, and then go directly to them.
They are being ugly.
Can I actually stop the loss of my home this way?
Will it be chapt 13, or 7?
I don't care about my credit standing as it is screwed anyhow. Since I am 62, if I can save my home that is all that is important.
I didn't ask to get psychiatrically disabled from the Vietnam war and it seems that if I can now make the mortgage payments there must be some protection for a completely disabled combat veteran.
Who knows all I can do is ask.
The loan is a conventional 30 year fixed and not one of those sub-prime disasters.
Any help you can suggest will be highly appreciated.
Thank You,
Most Sincerely,
Donald Loomis.
AnswerChapter 13 will be designed to bring the loan current, and pay back a percentage of your other debts. You would make a payment to the court for that, over 5 years. you would also pay your regular mortgage payment directly again, once the case is filed. The chapter 13 will stop the foreclosure, and protect your home.