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As with most legal questions, the answer is fact specific. The instant a bankruptcy case is filed, your creditors are prohibited by law from contacting you, attempting to collect a debt and yes, they are also prohibited from foreclosing on your home. Even if your home is scheduled to be sold at foreclosure tomorrow and you file bankruptcy today, an injunction called the automatic stay will temporarily sheild you from creditors, forcing your lender to immediately cease and desist with foreclosing.
The chapter of the Bankruptcy Code providing (generally) for reorganization, usually involving a corporation or partnership. (A chapter 11 debtor usually proposes a plan of reorganization to keep its business alive and pay creditors over time. People in business or individuals can also seek relief in chapter 11.)...
This chart by the National Consumer Law Center (NCLC) provides a summary of relief options available for borrowers facing a COVID-19 related hardship. The options that a borrower has depends on the loan investor. For loans it covers, Section 4022 of the Coronavirus Aid, Relief, and. Economic Security (CARES) Act requires forbearance for borrowers with COVID-19 hardships and some investors have expanded on those provisions.
The National Consumer Law Center, Inc. has created a free chapter on Homeowner Rights During the Covid-19 Pandemic. This Chapter covers issues such as Fannie Mae, Freddie Mac, Federal Housing Agency (FHA), VA, and USDA mortgage loans, state-based pandemic-related relief, portfolio and private label securities, and foreclosures.
This Chapter is accessible for free here: https://library.nclc.org/free-access-new-chapter-homeowner-rights-during-covid-pandemic.
Please find attached a template letter that you can use to request information from your mortgage servicer for information regarding escrow accounts if your mortgage loan is currently in forebearance.
For an explanation of Idaho's crisis standards of care in Spanish, please visit this website: https://www.idahostatesman.com/noticias-en-espanol/article254285843.html.
Please view our Understanding Bankruptcy Videos in Spanish (Espanol) below.
https://www.youtube.com/watch?v=iW98zHdtYEQ
Please view our Understanding Bankruptcy Video in English below.
https://www.youtube.com/watch?v=fJqjqNfpVQo
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