I am 2 years into chapter 13 and fell behind on mortgage which is paid outside the plan. I received a letter from mortgage co. lawyer asking for relief from stay and abandon real estate, does that mean they are going to start foreclosure or they are asking judge to make me abandon house right away. I plan on giving house back but i would like to stay through foreclosure process.Thanks for your help in this matter.
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Chapter 13 and then foreclosure
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Sorry to hear about your financial troubles. Your mortgage company will follow the normal foreclosure process in your state. You can find out what that process is here - http://www.foreclosurelaw.org/
Did you contact your lawyer when your financial troubles started? Your lawyer may have been able to help out by asking your trustee if you could delay a few trustee payments while you got back on your feet. Also if the financial changes were permanent, you may have been able to have your plan amended or (depending on how severely your finances changed) even convert to file Ch 7.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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