How To Choose Between Bankruptcy Or Foreclosure
by Janet Smiley Have you been thinking about filing for bankruptcy? If so, it's probable that you've also been weighing the impact|effect|results] of...
Have you been thinking about filing for bankruptcy? If so, it’s probable that you’ve also been weighing the impact|effect|results] of that bankruptcy filing on your financial life. One major issue that worries people is the possibility of foreclosure, and most important, which will be worse for them, bankruptcy or foreclosure. It’s important to remember however that bankruptcy and foreclosure are very different, and hard to compare. Here are the important issues you’ll want to think about.
To start with, a foreclosure is based on your mortgage, which is basically just like any other secured loan, similar to a car loan. Should you fail to pay, the lender is still protected because the loan is secured by your property, and the lender can take back the home to pay for the debt. This repossession is called a foreclosure. Just like repossession of any other asset, like a car, a foreclosure is a serious mark on your credit report and lower your score.
When considering bankruptcy however, this is a different situation. Bankruptcy allows you to eliminate or repay multiple debts or set up a repayment plan. Credit reporting agencies won’t tell which is worse for your credit, a bankruptcy or foreclosure, but if you’re in a bad enough position to file bankruptcy, it’s likely your credit is already pretty bad. Thus a bankruptcy likely won’t result in much lower of a credit score.
But here are the issues you want to consider. If you have not been foreclosed yet, and you file bankruptcy, you can still lose your home because the lender can ask the bankruptcy court to permit a sale of your house to pay off your debt. This type of sale would happen in a Chapter 7 bankruptcy, where your debt is discharged, but in a Chapter 13 bankruptcy you might get a chance to continue to make payments under a plan. In a Chapter 13, this type of bankruptcy might help you avoid foreclosure.
When it comes to your credit score, while a bankruptcy might not lower your credit score number drastically if it was already low, the fact of the bankruptcy will remain on your credit report for ten years. So, while in five years, for example, you could have a better credit score, a lender will still see that you filed bankruptcy five years ago, and turn down your applications for credit. Foreclosure is like any other repossession, and stays on your report for seven years, but after a few years you can qualify again for credit. You can see that credit score alone is not the only thing you need to consider when making a choice between bankruptcy and foreclosure.
Before choosing bankruptcy or foreclosure, it’s best to talk to a bankruptcy attorney and also a non-profit credit counseling agency. These individuals can help you determine how your debt, income and expenses will play out in either instance. For some people, it’s more important to protect their credit score; for others, it’s necessary to use bankruptcy to start over cleanly. If you’d rather save your home, you ay not care about your credit score. Talk to a professional to find out more before taking any steps.