If you are in chapter 13 bankruptcy no one will help you to get out, but if you are in foreclosure they will help to get you out

chapter 13 vs Foreclosure: Why is it that if you are in a chapter 13 bankruptcy no one will help you to get out, but if you are in a foreclosure they will help to get you out.
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Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
In truth, no one is going to "help you to get out". I defend people in foreclosure in Florida. Many of them are getting "offers" from their banks and servicers. These "offers" are not help they are traps for the unwary. They propose to modify the variable rate to fixed (in the 9+% interest) range, small reduction in existing principal balance (but still substantially higher than market value), roll the due date current (for now), add the advances, costs and delinquent amts to the remaining balance and extend the term of the 30 year loans to 40…. The lengthened term reduces the payment to some extent. When the document arrives, it includes a waiver of all existing claims and defenses.

No doubt some people are frightened and desperate enough to agree to these. They wind up with a loan that is still more than the value of their home, a 40 year term, an outrageous interest rate, and so inevitably will wind up back in the soup again. The lenders then claim they "helped" but what they really did was a PR stunt, which makes the borrower in deeper trouble than ever, since many of his claims and defenses are now gone.
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