Question about mortgage and bk13

[sal]

We are planning on finally filing next month. We are also planning on skipping the next 3 months of 1st and 2nd mortgage payments to get a cushion in case of emergency. After the 3 months we will try for a loan modification.
If we file next month how will skipping the mortgage payments effect our bk13 ? I cant seem to get a straight answer from my attorney, or at least an answer i understand!
From what i understand we have to be 3 months behind to get mod.
Our mortgage is outside the plan, so does it matter?
Any help would be awsome.
thank you

[justbroke]

If we file next month how will skipping the mortgage payments effect our bk13 ?

You can't skip them while you are in an active Chapter 13. Skipping them during the Chapter 13, will either get your case dismissed for cause (is paying inside the plan), and/or the Bank will file a Motion for Relief from Stay and seek to foreclose.

Our mortgage is outside the plan, so does it matter?

Yes, and complicates things. You may be able to skip 3 payments, and all the Bank does is ask if you want a modification. The thing the Bank may do, if you miss even one payment while in an active Chapter13, is Motion for Relief from Stay!

You and your lawyer need to work out the technical details of this and s/he needs to go over the downside of losing the protection of the court by opening yourself up to a Relief from Stay where you'll then be at the mercy of the Bank.

[Flamingo]

The worst thing you can do during a Chapter 13 is be late or miss payments on your Plan payment, your vehicles or your mortgages if being paid outside the Plan. You are playing with fire and risking a dismissal. Discuss in full with your attorney.

[sal]

ok, thanks for the advice. So maybe puting our mortgage in the plan would be the solution, as we may be able to afford it then?
Because outside the plan we cant.
Citi is wanting payments i havent made on my truck and we dont want to get sued and have wages garnished.
Is there a way to get Citi off of us and not file right away?

[Flamingo]

ok, thanks for the advice. So maybe puting our mortgage in the plan would be the solution, as we may be able to afford it then?
Because outside the plan we cant.
Citi is wanting payments i havent made on my truck and we dont want to get sued and have wages garnished.
Is there a way to get Citi off of us and not file right away?

Your mortgage payment amount will not change whether or not it is included in your Plan. When it is in the Plan the Trustee makes the payments but you send the payments to the Trustee along with your Plan payment.

As to your car question, unless you make payments on the car, it will get repossessed.