Can you refinance a house if you are in BK?
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Refinancing A House In BK
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Originally posted by banannas View PostCan you refinance a house if you are in BK?Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.
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Refinancing or any credit move during an active Chapter 13 requires trustee approval. Contact your attorney and go over this with him/her inasmuch as it will need to be determined whether or not you can afford to even do the refinance and all paperwork will have to be submitted to the trustee for review if your attorney approves. This is not an overnight operation...it can take several months especially this time of year due to vacations, holidays, etc._________________________________________
Filed 5 Year Chapter 13: April 2002
Early Buy-Out: April 2006
Discharge: August 2006
"A credit card is a snake in your pocket"
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Even if you get trustee approval, credit still gets pulled in a streamline; the midde credit score (of 3) needs to be above 620 for FHA and VA...and even if it is, there is BK/FC seasoning. If the OP is in a conforming loan, there is really no chance of a refi while in an active BK. The short answer to the OP's question is that it is unlikely. Talk to an Loan Officer at a bank and see.
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Refinancing in bk
With this helpful info, let's say you find a lender who approves you for a refi. and let's say that after a long wait period and review by the trustee, they finally approve also. Does this automatically mean an amendment to your 13 plan? Or does trustee approval just mean you go ahead and refinance?
The one reason that's stopped me from going ahead with an attempt to refinace (i'm at 8.9% and a refi to reduce that would be awesome) is that I'm thinking the trustee will want to know what the end result mortgage payment would be. And since a refi would reduce my mortgage payment I can see the trustee want that difference added to the 13 monthly payment. With a little less than 3 years to go in my plan, I'm reluctant to have the trustee looking over my plan yet again.May 2008: Filed Chapter 13
Jan 2010: Plan Amended and Confirmed! finally plan funds = total funds due!
Jul 2013: 5 years done! Trustee set to discharge! Woo hoooo!
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Refinancing your house now will have a zero net effect on your budget as it is right now meaning that what you no longer pay to the mortgage you pay to the trustee, but you will have a much better rate on your mortgage and lower payment for the life of your loan which will benefit you greatly once you are discharged from your plan.
Unless something has changed drastically in your income or allowable household expenses that might mean the trustee will change your plan beyond just the mortgage payment, why wouldn't you do it?
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What you said in the last paragraph. When I filed gas prices were at their highest, I have had 2 4% raise increases, through pitting one cable company against another i've reduced my media and phone expense by $125. So if a trustee approves a refi and its just an amend to the plan to add the difference, I'd go for it. But if this makes the trustee go ok lets look over your whole plan again, that would make me hesitant.
I know I should also factor in getting a good rate now vs what it will be 2 1/2 years, but kinda wanted to get a feel about how the plan is changed also.May 2008: Filed Chapter 13
Jan 2010: Plan Amended and Confirmed! finally plan funds = total funds due!
Jul 2013: 5 years done! Trustee set to discharge! Woo hoooo!
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