hi, i just have a questions. i live in CA and filed chapter 13 in 12/19/08 to save our house (sheriff's sale was supposed to be for 12/20). i'm having difficulty making the monthly plan payments (which is higher than our original mortgage payment) so i got two months behind, and the trustee is getting ready to dismiss the case. my lawyer said the only option i have is to pay the missed two months and she can temporarily reduce my payments by $800 for three months. don't have the money so i'm thinking of letting the case be dismissed.
however, i filed a loan modification with emc on Nov. 09 and is still under review. I called them (their bk dept) and asked if my case is dismissed if the foreclosure proceedings will continue? they said they are not sure and to contact their foreclosure dept by fax (they don't accept phone calls, too much backlog). i was given the fax number but it could not get thru because of busy signals. i called one more time the bk dept but i got a slightly different answer. i was told that if the case is dismissed, our file will be transferred to their loss mitigation and that's who i deal with.
does anyone here has the same situation as mine (case dismissed) and if their lender push thru the foreclosure even though there is an ongoing loan modification application (under review)? if the foreclosure is pushing thru, how long will it take until the sheriff's sale?
any input or answer is greatly apprecited!
however, i filed a loan modification with emc on Nov. 09 and is still under review. I called them (their bk dept) and asked if my case is dismissed if the foreclosure proceedings will continue? they said they are not sure and to contact their foreclosure dept by fax (they don't accept phone calls, too much backlog). i was given the fax number but it could not get thru because of busy signals. i called one more time the bk dept but i got a slightly different answer. i was told that if the case is dismissed, our file will be transferred to their loss mitigation and that's who i deal with.
does anyone here has the same situation as mine (case dismissed) and if their lender push thru the foreclosure even though there is an ongoing loan modification application (under review)? if the foreclosure is pushing thru, how long will it take until the sheriff's sale?
any input or answer is greatly apprecited!