Request a certified copy from the bank. Remember to register this in the land registry (this is your responsibility not the bank) to clear out the lien holder`s name from the title.

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My identity theft shield shows a chapter 7 discharge with zero balance. can that happen after filing for a chapter 7 bankruptcy? thank you in advance.

Unless you reaffirmed when you were filing bankruptcy it would have been discharged. If it should not have been discharged but it is showing that it was then you need to contact your attorney.

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I filed bankruptcy and it was discharged in november 2003 because of a divorce. i currently have a home that i have owned for 9 years (it has a mortage pymt.). i have been employed with the same employer for 10 years. i am wanting to sell my current home and move to a slightly larger home. would i qualify for a home loan? i don't want to keep submitting loan applications in fear that it may bring my credit score down. any suggestions?

The bankruptcy is no longer hurting you in applying for a mortgage. You are basically qualified, you have a job that you have been at for more than 2 years, you have lived in the same place for more than 2 years. Look in your local phone book and call a mortgage broker, he has access to many lenders that underwrite his loans for his clients. If one can not or will not underwrite his loans, without getting another credit report or appraisal he can just change underwriters. Before you call assemble the following #1 Six months of bank statements from all the banks you do business with, to include statements from your 401k plan at work #2 One month of pay stubs #3 2 years of federal income taxes including the W-2s for the same years. Sit down with your favorite beverage because this will take awhile as your mortgage broker complete a loan application for you. Once this has been accomplished he will then run a credit check to find out how you pay your debts and get your credit score. Your credit score will determine the type of loan program you are qualfied for as well as the interest rate you may get. This mortgag broker might ask for additional information, find it and give it to him, he will be doing this throughtout the loan process. Once he has determine your score did a little with your income and debts you have on your credit report he will not be able to tell you the amount of money a lender will allow you to buy your next home. You and he can now sit down and go over the programs that you and he think are best suited for you. Once this is accomplished, He can not issue you a pre-approval letter. You might even qualify for a 100% loan, and if he seller is willing to pay closing cost you can get into this property for no money out of your pockets at all You should now find a real estate agent or if fhe knows one use the one he knows, to assist in finding you a new home. Once you and the agent has located a house you like the agent will then write up a contract of sale for you and the seller to sign. He will give one to the mortgage broker for his use. Now once the mortgage broker has this he will now set up an approintment for the real estate appraisal to appraise the property to show proof that the value is there. The mortgage broker will also obtain a escrow closing agent as well as title company to assist in closing the transaction. Again he might ask for additional information or documentation, just give it to him, they are that way. One day the mortgage broker will call and tell you that your loan docs are ready to be signed and will want to set up a date and time for you to do this. What are you planning to do with your current home? Have you considered renting it out for income and a tax write off. It is not easy, but then, if you have common sense you can easliy learn how to become a land lord. The rent ceiling must surely equal what you are paying your current mortgage company. Don't forget to set aside some of your rent money for expenses. You will need about 6-8 months of what you are crrently paying for your monthly mortgage. I hope this has been of some use to you, good luck. "FIGHT ON"

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I fiel bankruptcy for my credit cards debt, but i am still waiting for my discharge, but now my house is going for foreclosure because the bank told me that i did not qualify for loan modification, can i add my mortage to my bankruptcy or it's too late? thank you for your advice.

I hope you had an actual attorney to help you file your case, and not one of these cut rate "form filling out" services. Assuming you had an attorney, see your attorney PDQ. You probably need to amend your statement of intentions to say "surrender" rather than whatever you put the first time (reaffirm? redeem?). You need to do this before your case is closed. If you did NOT have an attorney when you filed your case, GET ONE NOW. Otherwise you could wind up NOT getting the benefit of having filed bankruptcy, but will all of the consequences (i.e., it appears on your credit report for 10 years, you aren't eligible to file another Ch 7 for 8 years now, no matter what else happens to you financially, etc.).

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4 years ago, my husband and i filed for chapter 13 bankruptcy. i thought that our 2nd mortage was included in the bankruptcy, and had no reason not to, until a month ago, when we get a call out of the blue from the bank's collection agency demanding the full payment of the loan, plus interest which on the original loan on 27,500.00 is now at 33,000.00. now, for over 4 years i have not received the first late notice or phone call from the bank to tell me i was late on a payment. i made a horrific mistake and want to take care of it, but do not have that kind of money. we have been discharged from the bankruptcy for over 1 year as well, and this is our 1st notification of any problems. out credit report even says the account is paid as agreed. i had no reason not to think this account was not included. now im going to loose my house. the recovery agency says they'll sell the house, pay off the 1st mortgage and get whatever they can for the 2nd and send us a bill for the the remainder

Like the other person said, get a hold of your old attorney and explain the situation. Your second should have been included. I fyour attorney made a mistake, he is liable for any damages you suffer as a result from this. It seems like your second got transfered to the loss mitigation department and what they stated, is normal protocol for a second to do. Regards

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I have been told by several banker that getting a loan 2 years form a file date on a chapter 13 bankruptcy is possible. my friends credit score is 640 and has rebuilt credit,,,she filed chap 13 in 2002,,,she has been at the same job 13 yrs,,she has been pre approved by the bank now is waiting on the under writter to approve,,,is it still going to get approved? or at the last minute can they say no loan? she has all the papers from the court saying she has over paid the courts, and is satisfactory and her plan is done and in a zero balance,,she is just waiting on her discharge papers,,to be mailed to her,,but the bank told her they really did not need discharge papers,,is all this really possible for her,,oh she lives in indiana,,help for a great friend! she is very very nervous to hear from the underwritter,,she makes 61,000 a yr is all that look good to the inderwritter? any advise,,this is her dream...thanks for your time!!

They can say no at any time, but if she's done all that and improved her credit picture so much they probably (hopefully) will say yes. Remember, they want to make good loans to people they think will pay - thats how they make their money. So they'd really like to lend her the money if they think she is a good risk. Sure the bankruptcy has hurt her (and they will certainly charge her a higher interest rate because of it) but it was a long time ago and from what you've said it sounds like she's really made up for it alot. So, they can say no, but I suspect they won't. Best luck.

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Hi everyone, my husband and i went through a ch 7 bankruptcy that has been discharged for a year now. we'd like to buy a home in the next 6-9 months and i am currently trying to educate myself on how to do it. we've been working hard to raise our score and have been succesful at it. so, my questions are: 1) are there any mortage lenders that won't just run away screaming when they hear we have a bankruptcy? better yet, a lender that we won't pay out the nose with in re interest rates? 2) what are the additional costs of buying a house? what exactly are closing costs; what other costs are there? any input would be great! thanks!

Go to http://www.daveramsey.com and on the right hand side is a link for ChurchHill Mortgage company. They have lenders that have home loans that are really even based on your credit score. Have a good stable job for 2 or more years and pay your rent on time for 2 or more years? You can get a home loan from things just like that. Doesn't matter what your credit score is.

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I filed for chapter 7 in 12/2008. and i got discharged 4/2009. for my credit card debts. now i am having a hard time paying my mortage and i just went into foreclosure with my mortage. can i file for chapter 13 now and will this help me keep my home?

you can try. You have nothing to loose. The fact that you just came out of a 7 and now are in foreclosure tells me your income is shot. Try selling this home till you get back on your feet

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I have filed bankruptcy in april of this year and i receive a letter stated that one of my loan that i have on my home is not subject to my bankruptcy discharge and that they could foreclose. what am i suppose to do at this point, and if i already had a 1st and 2nd mortage and they was the 3rd one can they foreclose? i did check the list of things that he was filing and it was on there and i even asked him and he said yes it was listed as a 3rd mortgage

Contact your attorney. He or she can amend the schedules and your Ch 13 Plan and creditor matrix if necessary. Also let your attorney know that this creditor has contacted you and is attempting to collect a debt. This is a violation of the automatic stay - unless the creditor first filed and was granted a Motion for Relief from Stay - and you may be able to sue the creditor for damages in bankruptcy court.

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Will a mortage company give you a 1st mortgage if there is a credit card judgement on it.if so do they drop in line from 1st to second.my problem is in 1997 i had a chapt 7.since then i have built my credit,refinanbced 3 times.doing the refinance thing again,have tons of credit.went to a mortgage broker who financed me twice in last 4 years,all of a sudden they found a lean on my house from1991.no other company ever saw this or said anything.we know this debt was discharged in 1991.i dont get it is this a mistake or would my other mortage companies take a 1st mortgage with a lein holder before them.anyway if this isnt a mistake i will get my records and have it corrected

NO company would do a 1st mortgage behind a bad debt. That wouldn't be a first it would then be a second. If you have the schedule b and the discharge of debtors you can get it off there, but generally a lien cannot be placed on your home without your consent. What does the title report reveal? There are exceptions but those are usually a tax lien (IRS State or Property) your HOA or a construction lien. For a construction lien they would have to prove that the funds were used to build the home, purchase the home or that the work paid for with the cc was completed on the home and therefore is collateralized by the home. The title company can get you copies of the full lien of record and it will show exactly who put it there. It could also be that the company waited until the 10 years since discharge had passed and are now trying to force you to pay it.

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Does anyone have any suggestions as far as applying for a mortgage after a bankruptcy? my husband and i filed for bankruptcy last year. we were discharged on december 1, 2008. we live in sc and the company he works for is about to downsize and he'll probably lose his job in september. but if he transfers to delaware he'll be able to keep his job so that's probably what we'll end up doing. we've been looking at homes online but haven't been able to find many rentals that fit our needs. but we did find a great home, with 2 rental units for $175,000. so i was curious ... 1. what kind of chance do we have of being approved for a mortage (in the $163k-$175k range) so soon after bankruptcy? 2. in applying for a mortage do they take the rental units into account? (they're both being rented right now for $500 a month each) 3. can anyone suggest any websites or banks we should apply to? thanks for any help

It depends on what chapter you filed. If you did a chapter 7 you will need to wait 2 years. If you did a 13 you may have a chance with an FHA mortgage. Rental income will not be used unless you can document a history of receiving it which you personally can not.