chapter 13( late house payment)

[glc4122]

yes, i have been in this chapter 13 for aprox. 14 months. im looking on getting behind a month on house payment due to unexpected bills.my house is not paid in the plan. my monthly payments to chapter 13 are payroll deducted, never missed a payment what will happen, while in chapter 13.can the mortgage company try to foreclose while in chapter 13?

[Billssuck]

I would like the answer to this as well. We just got the news that my husband is being laid off from work starting November 1st. There is no way we can afford our house payment for about 2 months until I get my promotion that is happening in January.

[HHM]

Well, if you want to keep your house, missing a payment in an active chapter 13 is the WORST possible thing you can do.

Bottom line, if you want to keep your house, you won't miss a payment. If you don't want to keep your house, then by all means, miss a payment.

There really is no ambiguity about this issue.

Your better option is to call the trustee and ask for a temporary forbearance in the chapter 13 payment.

[lrprn]

If you get behind even one mortgage payment in an active 13, then your mortgage lender can petition the court to lift your automatic stay. Once their request is granted, they can then start foreclosure proceedings. You need to get current on your mortgage as quickly as possible.

Let your lawyer know about this. He/she may be able to help because some trustees will allow you to miss a month or two of Ch 13 payments to catch up the mortgage. Your lawyer can contact your trustee and find out if this might be possible in your case. But you need to get started on this now - don't wait.

[maddog2112]

I have been in a 13 for2.5 years and have somehow stayed current on 1st and the plan.2nd mortgage paid outside. I`m actually 1 month behind on both right now and I`m in the process of converting to a seven. Lawyer haid to be paid for the 7. Theres only so much money to go around. Neither 1st or 2 nd have ever had a problem in the past as long as you do eventually catch up. They dont want your house, unless you`ve got alot of equity in it.

[espo1357]

If you get behind even one mortgage payment in an active 13, then your mortgage lender can petition the court to lift your automatic stay. Once their request is granted, they can then start foreclosure proceedings. You need to get current on your mortgage as quickly as possible.

Let your lawyer know about this. He/she may be able to help because some trustees will allow you to miss a month or two of Ch 13 payments to catch up the mortgage. Your lawyer can contact your trustee and find out if this might be possible in your case. But you need to get started on this now - don't wait.

what if you have no equity in the home?

Due to some car problems, I am going to miss my first mortgage payment while in the 13, and the lender told me that they really can't do anything because I am in an active 13, with all of the 13 payments set to go to the first mortgage, a mortgage that was in arrears when I filed (the mortgage is not in arrears any longer because I got the HAMP approved right after I filed for the 13, and the second will be stripped).

Seems like the play is to just not pay the mortgage until the shit hits the fan.

Also, I was not in foreclosure when I filed the 13. I filed because of the unsecured, and to strip the second, and of course, to prevent a possible foreclosure.

However, now that the arrears is no longer in the first mortage, I almost want to get behind.

My lawyer is a clown with poor communication skills, so that is why I post here.

LOL.

[Flamingo]

No matter what the excuse, you do not miss a payment of any kind during a confirmed Chapter 13 unless you contact your attorney immediately. Not to do so risks dismissal of one's Chapter 13 and if that happens, you wish wish you made the payment to begin with. When one thinks they cannot make a payment, pick up the phone and call the attorney; can't get the attorney? Physically go to the office.

[Hos75]

I've been behind on my first mortgage since October of last year, actually 2 payments and nothing has happened yet. The bank told me they couldn't charge me anything as far as a penalty was concerned because I was in a bankruptcy. Perhaps this is something I should look into, but I have also been working with the bank to pay $100 a month extra to get caught up.

[espo1357]

I've been behind on my first mortgage since October of last year, actually 2 payments and nothing has happened yet. The bank told me they couldn't charge me anything as far as a penalty was concerned because I was in a bankruptcy. Perhaps this is something I should look into, but I have also been working with the bank to pay $100 a month extra to get caught up.

got the same info from my bank too, regarding the late payment and late fees.

they can't just take the house or dismiss without some warning, right?

[mbarrow01]

I have been in chapter 13 since April '09. I managed to get 4 months behind on my mortgage payment with Regions mortgage. I kept thinking I would be able to make up the payments but I never could. Well they filed a motion to lift the automatic stay. I immediately contacted my attorney and now I am paying back the 4 months of missed payments over the next nine months.

[ShooFly]

Why didn't you include the house in the 13?? That's really confusing to me.

[espo1357]

Why didn't you include the house in the 13?? That's really confusing to me.

I did include it in the 13, to strip the second and to take care of the arrears on the first mortgage. however, when I got the loan modification, the arrears went back into the loan.

this is confusing as heck, because 100 percent of the money in the 13 is supposed to go to the first mortgage and the arrears on that first mortgage.

So, now that I am current on the mortgage, then is is a good play to get behind the original arrears?

Time for a beer.