advertisement
Looking for something on the site? Search for it here! Also see Clark's Greatest Hits

Nov 12, 2007 -- Is bankruptcy ever a smart way to avoid foreclosure?

Millions of people facing foreclosure are being tempted with ads about filing for bankruptcy as a way out of their problems. This may not affect you directly, but perhaps you know a friend, family member or co-worker who is going through this. So let's consider a couple of scenarios and see if the bankruptcy option holds water. If you bought your home in the last two or three years and almost immediately fell behind on payments, then the reality is that you may not be able to keep your home. But that doesn't automatically mean foreclosure. Try instead to arrange a short sale with your lender's permission. This may help the lender avoid the usual $70,000 cost of foreclosure, while it will help you avoid the stigma of foreclosure. Approach your lender several times if you don't initially get the answer you want. A second alternative to bankruptcy would be to arrange for something called a deed in lieu of foreclosure. This is like a voluntary turn-in of your property. This will probably appeal to lenders in states where they'd have to incur the expense of going to court to proceed with foreclosure. One thing to keep in mind about bankruptcy is that while it may help you today, it will not help you in the long run. Sometimes the best option is to allow foreclosure to proceed if it's unavoidable. It's like closing a bad chapter in your life and moving on. Let's consider one other kind of scenario. Say you're a longtime owner who has fallen on hard times now but has a good payment history. Then you might want to seek a loan modification, forbearance or a Chapter 13 bankruptcy filing as a last resort before you lose your home. With Chapter 13, you can remain in your home and develop a workout if you already have demonstrated a good payment history. Bear in mind that Clark's really over-generalizing here. He's laying out a road map, and you need to see where you fit on the road.

Unfortunately, Clark won't be able to answer any questions submitted via commenting. If you have a question, please try posting it to our message boards.

Avg. rating: N/A

What others are saying

  • Should I file for bankruptcy
    Like most everyone these days, I've fallen on hard times. I've lived in my home almost five years. Until two years ago, I had excellent credit and paid bills on time. Then, I got sick with breast cancer and my husband lost his job. We went several months without income and just couldn't pay the bills. We managed to pay the mortgage the best we could, but got three months beyond. Thankfully, we were able to get a loan modification and I am now cancer free. Also, the husband is back to work, but the debt is overwhelming ($190,000 for the house, and about $80,000 in credit card and other debt). We just can't pay it. Should I file bankruptcy, and if so, will we be able to keep the house?
  • foreclosure advice
    bought house in 2005, now because of layoff over a year ago, I am facing foreclosure. I have two children and I am have no idea what to do. Any advice would be appreciated.
  • Don't know what to do.
    Bought house March08, Now valued at $30,000 less. Lost job in Jan09, still unemployed. House is money pit, would take $20,000 to fix up. HOA is sending letters to fix up or they'll take out a lien. Had to use credit cards to pay utilities some. Just don't know what to do...
  • trying to save my home
    Clark,
    like a lot of Georgians we have been striken on hard times. we are faithful on all our payments. we lived 20+ years in our home we built but,we have refinanced ourselves to no end.
    if we could my husbands retired( lost some in econ,meltdown) my company closed i work part-time. we need to know if their is a way for to just get our home montly payments cut in half.
    i want to try everything before lossing my home. please give much needed advice
    i know i can trust what you have to say
    thanks
    my husband has just about given up, he is depressed, not helping me and i want to fight for what we hav worked for
    again thanks
  • bankruptcy of not?
    Cash is running out. Credit is excellent; payments on time. July 2009 will be the first "no mortgage payment". Have 2 mortgages with Citi Financial. Looks like Bankruptcy may be final result. I am selling everything I have. Car has 25% more owing on it than it is worth. Credit Cards a starting to fall behind June 2009. No income since Feb 2009. Getting a job doesn’t look good and any fill in job won't absorb more than 50% of total expenses. Was self-employed with no Unemployment. What are my options?
  • 401 k
    do you have any money in your 401k
  • Alternative to Foreclosure?
    I need a way to keep my house! My husband and I have been living here for 5 years, have excellent credit, and always made our payments on time. He just lost his job and there doesn't look like another one out there for him. We only have $400 left for food but lot of debt. Should we just Short Sale our home? I don't want to lose it. I am going to school full time and my husband doesn't want me to quit. I really need some answers.
  • unemployment/foreclosure
    My money is running out. Credit is excellent; payments on time. May 2008 will be the first "no mortgage payment". I'm sending a form to mortgage company with info; may do same to second mortgage company. Looks like bankrupsy will be final result in a year or less. A friend suggested taking cash advances on visa accounts before credit score drops. Although, fraudulant in context, kind of keeps food money. Getting a comperable job as my last is unlikely and any fill in job won't obsorb more than 50% of total expenses. I've been trying for a job since July 2007. Job ended July 2006 but i had severence, unemployment until 7/2007.
send to a friend  view as printer-friendly  RSS feeds
advertisement
advertisement
THIS WEEK'S POLL
advertisement