Can I modify my mortgage loan while in bankruptcy?

If you’re in a Chapter 13 bankruptcy, it is possible, although tricky, to modify the terms of a mortgage loan during the bankruptcy case. You and your attorney must navigate past your mortgage company’s bankruptcy department and seek out the Loss Mitigation Department of the mortgage company. It is likely that the two departments do not communicate with each other.

I’ve found that modifying loans with certain mortgage companies can be like pulling teeth. But in certain cases, it can work well, and fairly quickly, sometimes even within a month or two.

Go to www.makinghomeaffordable.gov and see if you qualify for a basic modification. A loan refinancing is much more difficult. So, check out a loan modification first. Take the test on that website and contact your mortgage company. Get the application and follow it precisely and provide the mortgage company with exactly what they request,including tax returns, paystubs, etc.

If you’re lucky enough to get a mortgage modification offer, then the terms of the agreement must be presented to the Bankruptcy Court Judge and approved by the Court.

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