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    Any Ideas?

    I am just wondering if anyone knows what would happen if I was late or even foreclosed on my home with my 1st mortgage, my second is being lien striped through my chap 13. My 1st is being payed outside the plan and was never included in the plan. I am just thinking this may be a good decision at this time since my home value has dropped so much and I am aprox $150k negative. any advice would be great.
    Thanks

    #2
    Originally posted by jmonez View Post
    I am just wondering if anyone knows what would happen if I was late or even foreclosed on my home with my 1st mortgage, my second is being lien striped through my chap 13. My 1st is being payed outside the plan and was never included in the plan. I am just thinking this may be a good decision at this time since my home value has dropped so much and I am aprox $150k negative. any advice would be great.
    Thanks
    First, understand if you voluntarily dismiss your Ch 13 before discharge, your second mortgage won't be stripped any longer. You need to stay in your 13 and successfully complete it - otherwise if you dismiss it, it's like you never filed and your second mortgage activates again.

    Now if you want to change your mind and surrender the house back to the lenders during your Ch 13, that's a whole different story. Be sure to discuss the consequences of doing this with your lawyer. Depending on your bk court district, surrendering your home *might* impact your 13 payments in ways you don't anticipate.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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