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10 Tips to Rebuilding after a Bankruptcy

by The Mike Parker Team


As a rule of thumb, bankruptcy is the least desirable option available to you when your finances have gotten out of control. However, if your financial situation has been going downhill for an extended period of time, your credit standing is probably so bad that filing for bankruptcy really won’t do much to make it worse, with one exception: A bankruptcy remains on your credit report for 10 long years. With this in mind, creditors will know that once you file bankruptcy, you cannot do so again for seven years.

As a member of the Top 5 in Real Estate Network®, I am well versed in some of the ways you—or someone you know—can start to rebuild your financial life after bankruptcy. Here are 10 tips from consumer credit experts ApprovalGuard.com:

1. Plan your credit recovery. Take it slow and easy, do it right and don’t exceed what you can afford.

2. Learn more about how credit works through the Internet, counseling services or a service. Do it right and know what you’re doing.

3.  If your credit report contains inaccuracies about debt that was discharged through your bankruptcy, contact the creditor or the credit bureaus to request a correction.

4. If you didn’t have enough savings to survive a setback, get serious about savings for an emergency fund. In the current economy you need at least 12-16 months.

5. If your problem was overspending, create a written budget and stick to it.

6. If your problem was related to medical bills, seek out a solution for insurance.

7. To re-establish a strong credit profile, you need a good history of payments from credit cards and installment debt such as autos, student loans or a home loan.

8. The rebuilding process requires you to use credit responsibly. Use only a small portion (30% or less) of your available credit line and ensure you make a payment every month.

9.  When you start to re-establish your credit, consider a “secure” credit card. Such cards are usually backed by your savings account or money you place in escrow to cover 100% of your credit line in case you don’t pay your payment.

10.You may be able to apply for a home loan in as little as two years after the discharge of your bankruptcy, however, expect to pay higher fees and interest rates.

When you are ready to rebuild, make sure you understand credit and how to use it responsibly. Feel free to e-mail me for further information and please forward this e-mail to family and friends to keep them in the know as well.

Behind on your mortgage payments?????

by Mike Parker

This article was written in the Chigago Tribune regarding what to do if you are running behind on your mortgage payments.....

Options exist for homeowners behind on their mortgage payments—if they act quickly. Lisle attorney Steven Bashaw and Michigan real estate broker Ralph Roberts offer these:

·         A forbearance agreement may help borrowers with short-term financial problems, Roberts said. It’s a payment plan with a set pay-back period, and the bank will want proof you can live up to it. “If you owe $3,000 in back payments, for example, the bank may allow you to pay an extra $250 per month for 12 months,” he said.

·         Reinstatement entails paying all past-due payments, costs and fees to bring the account current. This may be a good short-term solution, Roberts said, but homeowners have to make hard decisions about whether they can keep paying the loan in the long haul.

·         Mortgage modification means working out a new loan, with many possible variations. The bank may agree to roll the amount owed in missed payments, penalties and interest into the total loan amount, for example, Roberts said. Or a modification might lower the interest rate or change the loan’s term.

·         Sell the house in a timely manner, pay off the loan and fees, and end the problem, Roberts and Bashaw said.

·         A short sale occurs when a lender agrees to take a loss by selling the house for less than the amount owed. “I don’t encounter those as much as you’d think,” Bashaw said. “They’re not the panacea that speculators and investors and real estate agents want you to think they are.”

·         Bankruptcy. “It can give you more time to restructure your debt,” Roberts said. “Bankruptcy takes you off the market, the collection proceedings can’t keep going. The clock just stops running.” But it’s extreme, and a lender might get court approval to proceed with the foreclosure anyway, Roberts said. Plus, it poisons your credit-worthiness.

·         Redemption. In Illinois, a foreclosed borrower has a certain amount of time after the house is sold at auction to redeem it by reimbursing the purchaser for the sale price and other costs.

·         Rescue plans can come from all manner of folks. They are too varied to describe here—except to say that homeowners must be wary of scams.

Bottom line: Don’t sign a quit-claim deed to someone who says this will “fix your problem,” Roberts says. It may be a ruse to steal the house. Check with a lawyer before you sign.

An Advertorial Presented by Frost Brown Todd LLC

Written by: Kyle R Grubbs

I'm interested in purchasing a parcel of Real Estate, but the property owner just filed for bankruptcy?  Can I still purchase the property?  Is there anything special I need to do?

Yes and Yes.  The Bankruptcy Code permits a debtor-in-possession to sell its real estate and other assets based on its reasonable business judgment.  As with other purchases of real estate, as a potential purchaser, you should conduct standard due diligence including title, survey, environmental, zoning, and building inspections prior to purchasing the property.  In fact, since there will be virtually no representations or warranties made by the seller, the purchaser's due diligence is even more important in the bankruptcy context.  In addition, because the property owner is in bankruptcy, additional precautions are warranted.

First, the sale of the real estate must be authorized by the bankruptcy court if the sale of the real estate is outside of the debtor's ordinary course of business.  In almost all cases, sales of real state will be outside of a debtor's ordinary course of business.  To ensure the debtor obtains prompt bankruptcy court approval of the sale, the purchase contract should require the debtor to immediately file a motion seeking the bankruptcy court's approval of the sale.

Second, the sale of the real estate should be free and clear of any interest or lien of the debtor's creditors.  Because the seller of the real estate is in bankruptcy, the property is likely encumbered by mortgages, mechanic's liens, judgment liens, and other encumbrances.  Unlike a typical real estate transaction, liens and other monetary encumbrances are not necessarily paid at closing.  To ensure your purchase is free from the claims of the debtor's creditors, the order authorizing the sale of real estate should provide, among other things, that the (a) sale is free and clear of all liens, claims, encumbrances, and interests and that any liens will attach to the sale proceeds only; (b) purchaser is a "good faith purchaser" under the Bankruptcy Code so that the validity of the sale is not affected by an appeal of the sale order; and (c) ten-day stay set forth in the Bankruptcy Code is waived and the sale order is effective immediately to avoid any post-closing challenges to the sale.  You should work closely with your title company to ensure that the sale order is sufficient in all respects for the title company to issue you a clean title policy at closing.

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Mike Parker - CRS
HUFF Realty
60 Cavalier Blvd.
Florence KY 41042
859-647-0700
859-486-3300