The Bankruptcy Court for the Eastern District of New York is a unit of the U.S. District Court for the Eastern District of New York and covers the five counties of Richmond, Kings, Queens, Nassau and Suffolk of New York State.
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In some instances, you can modify a mortgage in Chapter 13 bankruptcy so that the new principal equals the actual value of your home. For example, if your mortgage is $500,000 but the property value has declined to $300,000, you could modify the mortgage amount to $300,000.
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Dodd-Frank Act Imposed New Requirements on Servicers. These amendments govern how mortgage servicers handle certain residential mortgage loans. The CFPB issued rules in January 2013 to implement the Dodd-Frank Act amendments to RESPA and TILA. The CFPB also issued various amendments to these rules in 2013 and 2014.
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The Bankruptcy Court must approve the loan modification before it goes into effect! A Motion to Incur Debt must be filed on your behalf in order for the modification to be considered. It may take up to 30 days before you will receive a response from the Bankruptcy Court.
Individuals filing for bankruptcy under Chapter 13 must use a new form that presents their payment plan in a more uniform and transparent manner, and creditors will have less time to submit a proof of claim, under new bankruptcy rules and form amendments that took effect dec. 1.
The Bureau of Consumer Financial Protection is amending Regulation X, which implements the Real Estate Settlement Procedures Act of 1974, and implementing a commentary that sets forth an official interpretation to the regulation. The final rule implements provisions of the Dodd-Frank Wall Street.
What can I do if the bankruptcy court doesn’t discharge my loans but I can’t afford the payments? What circumstances do I need to prove to have my loan discharged in bankruptcy? You must declare Chapter 7 or Chapter 13 bankruptcy and demonstrate that repayment would impose undue hardship on you and your dependents.
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We’ve had a number of reader questions in our comments section recently asking about scenarios for loan approval that involve bankruptcy and related issues. Can a borrower get a new FHA loan following a bankruptcy? Under what conditions? FHA loan rules in HUD 4000.1 address this issue with separate entries for Chapter 7 and Chapter 13.