In a 13 right now. considering a fha loan, but need cash for down payment. If I had a family member contribute towards a house down payment of a FHA loan, is that a red flag with the trustee? What does the BK think of a gift during a BK? Say a one time gift?
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question about a gift towards a down payment
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FHA mortgage underwriters require the written permission of the Chapter 13 trustee, probably before the mortgage application is approved. Trustees are notoriously recalcitrant about dealing directly with debtors unless they are pro se filers (then they get no respect at all!). Your attorney is probably in a position to give you more correct information on trustee requirements in this matter, because trustees have wide latitude and operate quite differently. I would think that one thing a trustee cannot do is prevent a debtor from obtaining a mortgage if it is not a violation of bk law in some respect. Aye, that's the rub.
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