Loan modification

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Loan modification

I am currently signing documents for HAMP, loan
modification, after signing the modification
can I file a bankruptcy for my credit card debt
and still make my house payments? I don’t want
to lose my home I will still make payments just
want to erase my credit card debt. Can the
lender sell the home without my knowledge?

Asked on May 7, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Consult with a bankruptcy attorney before doing anything: bankruptcy is a highly technical area of law, and there are many rules, exceptions, etc. that can trip you up.
The above said, as a general rule, you can "affirm" a secured debt, like a mortgage or HELOC (i.e. a debt or loan where they can take property if you don't pay), and keep paying it in bankruptcy. You have to specifically do this in the course of the bankruptcy--it is not automatic.


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