Modify mortgage or file Chapter 13 bankruptcy?
Saturday, May 9th, 2009Now that the Obama Administration is encouraging lenders to offer mortgage loan modification plans, it’s a common question for distressed homeowners as to whether they’ll modify their mortgages or include it in Chapter 13 plan.
Here’s an example of a similar scenario:
Jack’s wife Sara has credit card debts and intends to file Chapter 13 bankruptcy. Each of her credit card debt amounts to $45000. They have a house in both their names and there are 2 mortgages on it. They’d like to keep the house but they have no savings. Jack is confused as to whether he’d request the lender for a loan modification on the first mortgage or should he just ask his wife to include the first loan in the Chapter 13 plan.
Now, to find out a solution in Jack’s scenario, one needs to consider the 3 factors as given below:
1. What’s the property value?
It is important to know whether Jack is upside down on the first mortgage, that is, whether or not the balance on the first mortgage exceeds the property value. If it is so, then Jack can include the first mortgage in Chapter 13 plan and have the second mortgage eliminated after completing the payment plan under Chapter 13.
2. Is your first mortgage a fixed or an adjustable rate loan?
If the first mortgage is an adjustable rate loan and the rate is likely to adjust while you’re in bankruptcy, chances are that payments could go up thereby making it difficult to repay the mortgage. So, in such a situation, it is better that you request the lender for a loan modification while including only the credit card debts under Chapter 13 plan.
