What is this about foreclosures and credit issues…


In 2008 there were about 1 million bankruptcy filings.  This means that in the US one in three hundred people declared bankruptcy.  But a bankruptcy is still, for the most part, considered a last-ditch option for dealing with overwhelming debt.  Most of your assets go away, and your credit rating takes a fall (a bankruptcy for ten years, whereas a foreclosure remains on it for seven).  Most homeowners will avoid a Chapter 7 bankruptcy and instead file for Chapter 13 if they want to avoid a foreclosure. 

A Chapter 7 filing can wipe out unsecured debts, but secured debts are tied to a specific asset, such as a mortgage secured by a home  which reverts to the creditor.  A Chapter 13 bankruptcy doesn’t actually wipe out the debt but can shield debtors from their creditors for several months during the forbearance period until a court-ordered repayment schedule can be worked out.  During this time most homeowners try to work out a loan modification program.

Many clients have asked me about credit counseling and how or if it affects their credit.   Here is what I know… According to Fair Isaac, counseling is not a ding on your credit.  It does, however, appear on your credit report as an inquiry to your credit.   Of course, what you do with the information, like stop paying your bills, can affect your FICO score.
The FICO score helps the creditor understand the borrower’s likelihood to repay a debt. Your FICO score is composed of your payment history and  the length of credit history, along with looking to see if  are you adding additional credit and what your current credit line limits  and type.   After having said that, many lenders will look at your credit and when they see that you have used  credit counseling, is can throw up a red flag for them.  They may not use it against you but could.  My advice is always call your credit card companies first on your own and work with them.  They would rather work with you instead of a counseling company.  You can very often get as much done as they can and that will never affect your credit.  It will also save you some money.  My two cents…
Have a great week and remember, if you have any questions or have any friends or family that need any assistance , feel free to  call me at 408-802-1546.
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