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If I were to file chapter 13 .....what happens to my house in this scenario?

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    If I were to file chapter 13 .....what happens to my house in this scenario?

    I am currently behind by 8 months in both my first and second mortgages. We will not file until we get a NOD most likely which could still be a few months or more away.

    If we say we don't want to keep the house, I am assuming they don't put the mortgage payments into the mix when computing disposable income? If they don't, what DO they put in for housing calcuations since I am living there but not making payments?

    I know my time in the home will be limited.........but can the attorney then pursue some foreclosure defense on my behalf to stall the foreclosure itself from happening so I can live there much longer without making payments? Even though I have not included it in the plan?

    Also, maybe he can do some foreclosure stalls for me in advance of filing, so I don't have to actually file my CH13 until right before the sale date?
    Filed 7/14/11....341 date is 8/23/11

    #2
    no one?
    Filed 7/14/11....341 date is 8/23/11

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      #3
      If you plan on surrendering your house in bk, you would use the irs national standards for rent, which is based on the county you live in and your family size.
      Chapter 13 Filed (Pro Se) - 9/30/09
      Confirmation Date - 12/1/09
      Stats - $1752/month, 29/36 completed, 4% to Unsecured, Lien Stripped 2nd Mortgage

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        #4
        Originally posted by tjs1970 View Post
        no one?
        What district are you in?
        I am a Pennsylvania Eastern and Middle District Bankruptcy, FDCPA, FCRA and Foreclosure Defense attorney, information I post is based on experience in these districts. It is not legal counsel, consider it friendly counsel.

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          #5
          9th I believe.............state of WA
          Filed 7/14/11....341 date is 8/23/11

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