Late on Mortgage and in Chapt. 13

[Virginiahelples]

I just got on chapter 13 plan in August and had utilities and a few other debts that were not put on 13. My chapt. 13 payment is so high. I am now late on my mortgage and the banks lawyers have sent me notice to reinstate forclosure. Is there anything I can do??

[lrprn]

I just got on chapter 13 plan in August and had utilities and a few other debts that were not put on 13. My chapt. 13 payment is so high. I am now late on my mortgage and the banks lawyers have sent me notice to reinstate forclosure. Is there anything I can do??

If you haven't already, call your lawyer immediately to discuss the foreclosure papers you've received and what can be done under the circumstances.

You mentioned debts that were not in your Ch 13 - did you mean debts the trustee is not paying (you are) or were there debts that weren't included when you filed and should have been?

Have you missed or been late with your Ch 13 payment yet?

Has there been a long-lasting or permanent change in your income or expenses since filing that is making it hard to keep up with your mortgage payments? If there has been, it may be possible to file an amended Ch 13 plan - talk to your lawyer.

[Virginiahelples]

I have an appointment with my lawyer tommorrow, I will discuss options at that point w/him.
My mortgage debt was not included in my 13. Well only the late balance was, i am responsable for the regular monthly payment, that is what im late on.
I havnt had any change in income or expenses, is that the only way to get the 13 amended??
And finally, my past due, and why they want to reinstate the forclosure is im late 2 payments. Totalling almost 5,000.00. Can I still keep my house???

[Virginiahelples]

Oh, and I have not been late with my chapter 13 payments..thanks for any advice.

[lrprn]

VH, since there haven't been changes in your income or expenses, it sounds like your Ch 13 payment plus your mortgage are more than you can manage on your income. In this circumstance, you really only have two choices - increase your income or decrease your expenses. I'm guessing that you've already cut your living expenses as much as possible.

Although it's very hard to think about, looking at the information you've provided so far, it looks like your house payment is dragging you under if you are late on your mortgage payment two months at this point. Have you considered letting your house go so you'll be able to live within your current income and continue with your Ch 13 plan successfully?

Did you file Ch 13 to save your house? How much unsecured debt did you have when you filed? Are you trying to save other assets besides your house?

[Virginiahelples]

Letting the house go at this point I just cant do. My family depends on me and this house. I did file chapt. 13 to save the house and I feel that if they would just let me get caught up on my late payments I could handle the mort. and the 13. but at this point I dont know what my options are.

If I can catch up on the late payments before the bank has a chance to take me to court will this keep me in the house??

[lrprn]

Letting the house go at this point I just cant do. My family depends on me and this house. I did file chapt. 13 to save the house

VH, if you can't make up your mortgage arrears immediately, then whether you want to let the house go or not, the lender is going to take it from you. From your first post, it sounds like they have already asked the court to lift your automatic stay to foreclose.

If I can catch up on the late payments before the bank has a chance to take me to court will this keep me in the house??

It depends on the state you live in and its foreclosure laws. Is it Virginia or another state?

[doglover]

I'm curious to know what happened VH? Hope all worked out. I'm in the same boat