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Indiana Bankruptcy & foreclosure laws allow you different ways to handle foreclosure Information on Foreclosures   

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Nick C. Thompson

105 Daventry

Suite 200

Louisville, Kentucky

40223

(502)429-0057

Bankruptcy Foreclosure Information Indiana

 

    Bankruptcy Indiana Foreclosure Information

    Download your free manual or listen to an audio on specific topics on how to prepare for your  Bankruptcy

    The following is an example of bankruptcy and foreclosure strategy.  There is nothing illegal in planning your taxes or bankruptcy or knowing how to properly file.   This is just one answer to a question emailed to us the same subject is discussed in the manual.

We owe about $38,000 (@ 13.9%) on the second mortgage and $40,000 on the first (@ 8.0%).  At last appraisal in November 1999, the house was worth $69,500.  Our payments are 1000 a month!   

 

If you properly plan your bankruptcy you could make over 24,000 dollars instead of losing money every month to a 13.9% loan and paying over 78,000 for a 69,000 dollar home.   Presently in 2004 rates are just 5%.   Mortgage rates at just 1 or 2 % more are available even if you just filed a year ago.     

Why refinance a house when you owe 125% of what it is worth at double the normal rate?  You are far better off letting their home go back in foreclosure! You can only redeem personal property such as a car in bankruptcy you can't redeem a home.  It normally takes about 1-2 years for the foreclosure process to go through the state court.  You can sit in the house rent free during the foreclosure.  By filing a simple answer in your foreclosure you can probably extend the foreclosure by at least 6 months and in some cases up to 2-3 years before it will reach a foreclosure sale and you have to move.  It normally takes 2 years after a bankruptcy or 3 years after a foreclosure is finished before you can buy a home if you want a prime lending rate.  

 If a foreclosure is part of your bankruptcy and it is listed in the schedules it will take 3 years before you qualify for a prime mortgage.  The federal rule is that it takes 2 years after bankruptcy discharge or 3 years after a foreclosure sale.  It is essential that you use an attorney that knows and plans with you what to do.   In 2003 the lowest prime mortgage rate was about 4.5% for a 30 year mortgage in 2004 it is 5.5.  Higher rate mortgage companies will lend to you before 2 years but you should wait the two-three years to get the lowest rate which is called a prime rate.   There are B, C and D market mortgages but these are much higher rates and it costs dearly in the long run. 

Your bankruptcy alone can not be used to deny you a prime mortgage under FHA VA and other federal and state guidelines 2 years after discharge and 3 years after a foreclosure.   The myth that you can’t buy a home after a bankruptcy isn’t true.  During that year or two you can save up the 1000 a month you would have spent on house payments and apply it directly to the principle for a new home.  When just a year is over you would have saved up 12,000 dollars as a down payment if it takes 2 years to foreclose the home you would have saved up 24,000 as a down payment on a different 69,500 dollar home and it would be almost half paid for.  

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